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COMPILATION 



LAWS OF LOUISIANA 



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F^EE PUBLtlC SCHOOLiS, 

EAIiil.'ACING ALL LWVS INOW IN KOKCl-], 

J'OJ; TlIK 

PKOPER MANAGEMENT A>,D GOVEiiNMENT 
OF THE PUBLIC SCIlOOLa 



AJ.Sd OK TH1-: 



il LAWS REIAilXU TO THE _l?LVLXUKrt FOR THE PElSLiC Si ! H ), )LS:- []S 



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DIGEST OE APPLYING DECISIONS 



18 IXCLUDKi), 



^ ALSO THE RULES AND liEOULATIOXS ADOPTliD BY j^ 



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^J. THE STATE BOARD or EDUCATION, ON *TIIE I 

IGth DAI OF AUGUST, 1^88, ! 

rn ALSO ,v c'.i,\i"i,i' ri-, iyi;E.v. ' — , 

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£^ Prepared in Co?jrLiANCE With Re^'oluti'^x op ti-si: State JW- 

r-ill 15UAK1) UE E.U l/(\VT [ON. |— i 

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jlitiJ government <ifi the GhiUl ISIiould be Ktngii/J'' — A}Ui^-riyn:E. ^_ 

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n * JSIEW ORLEANS: , i^ 

lARCiTANTE STATE PRINTER, IP) CllAKTRES ST. Sj 

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IsTOTB. 

This pamphlet is public property and is for the use 
of teachers and school officers. 






COMPILATION 



LAWS OF LOUISIANA 

RELATIXG TO THE 

pt^EE PUBLilC SCHOOLiS, 

EMBEACING ALL LAWS NOW IN FOECE, 



PEOPER MANAGEMENT AND GOVERNMENT 
OF THE PUBLIC SCHOOLS. 

ALSO OF THE 

LAWS EELATING TO THE EEVENUES FOE THE PUBLIC SCHOOLS, 

AND A 

DIGEST OE APFLYIIN'G DE0ISI0:N^S 

IS INCLUDED, 

ALSO THE RULES AND REGULATIONS ADOPTED BY 

THE STATE BOARD OF EDUCATION, ON THE 

16th day of AUGUST, 1888. 

ALSO A COMPLETE INDEX. 

Prepared in Compliance With Resolution of the State 
Board of Education. . 



" The Oovernmenf of the Child Should he Kingly." — Aristotle. 



NEW ORLEANS : 
E. Marchand, State Printer, 110 Chartres St. 

1890. . 



L'dRS^^ 



Members of the State Board of Education charged with the 
superintendence and direction of public instruction. 

Governor FEAl!TOIS T. NIOHOLLS, President, 
WALTER H. ROGERS, Attorney General, 
Dr. I. L. LEUOHT, New Orleans. 
Prof. ALC:fiB FORTIER, New Orleans. 
WILLIAM CLEGG, Lafayette. 
W. H. JACK, Katchitoches. 
FRANKLIN GARRETT, Monroe. 
C. E. GATE, Hammond. 

JOS. A. BREA.UX, Superintendent of Public Education 
and Secretary. 



Resolution adopted by the State Board of Education, on the 
16th day of August, 1888. 

Resolved — That the Superintendent of Public Education be 
directed to prepare a digest of the public school laws and to 
publish it in a pamphlet form for distribution. 



" Present to children things before tcords ; ideas before names.^' 
" Train them to observe, to do and to telU^ 

S 5. H^ 



PEEEAOE 



The favorable reception accorded the first edition of this com- 
pilation has induced the compiler to prepare a second, in which 
will be found all the matter embraced in the first substantially 
unchanged. New matter has been added, and the pamphlet in 
its present form wiil be found to contain information of practical 
value, not only to members of the dilferent school boards, but as 
well to teachers and the patrons of the public schools generally. 

While the compilation presents only such laws as the compiler 
finds in the Statutes relating to j)ublic education, and decisions 
of courts of high authority — also, the rules and regulations 
adopted by the State Board of Education, and an outline of ' 
studies, prepared, only as suggestions — he ventures to hope and 
believe that the compilation will prove useful, and assist in dis- 
seminating a more thorough knowledge of the school laws, and 
that the views expressed will coincide, in the main, with such as 
are held on the subject by worthy teachers, and by the friends 
and promoters of public education. J. A. B. 

March 1st, 1890. 



LAWS OF LOUISIANA. 



THE TAXATION BY POLICE JURIES. 

Is uo loug-er limited. The local authorities having power to 
levy taxes, can increase the Parish taxatiou for schools. Several 
Parishes have increased the taxation above the maximum here- 
tofore established under the repealed law. 

COMFORT OF PUPILS. 

The school boards have the authority to assess and collect one 
dollar per annum, to provide fuel, and for defraying the expenses 
necessary for the comfort of the pupils. Whenever possible, 
this amonnt should be collected and expended in the manner 
proposed. 

SCHOOL HOUSES. 

It is of the utmost importance to build school houses. The 
schools will be more permanent if inviting school houses be con- 
structed. The law, authorizing the tax payers to tax themselves 
to construct improvements, has been copied in this corapilatiou. 
It is explicit enough, and it affords a good opportunity to equably 
divide the expense of building school houses m the community. 
All of its members are equally interested in the management of 
excellent schools. 

THE OFFICERS. 

Under the present law, the duties- of the officers are clearly de- 
fined. The school boards are entrusted with the important func- 
tions. The effectiveness of the school system depends in great 
part upon their exertion in behalf of the schools. 

The Parish Superintendent is the secretary of the board, and 
executive officer. As the executive officer, he has the supervision 
of the different schools in charge. He should report their condi- 
tion to the board, and see to the enforcement of the law, and to 
a thorough compliance, on the part of the teacher, w'th the du- 
ties devolved upon him. The faithful teacher has considerable to 
perform. His influence is far-reaching when his duties are at- 
tended with well directed energy. The community at once feels 
the importance of his services. The law in turn ^ives him au- 
thority over the pupils, to maintain proper discipline. Decisions 
are rej)orted in this compilation on that subject. 

With good judgment and care, and considerate intelligent ac- 
tion on his pare, well regulated schools will prove highly useful 
and be maintained. 

INSTITUTE OR TEACHER'S ASSOCIATION. 

One of the f«atures of the law adopted during the session of 
the General Assembly in 1888, relates to Parish Institutes. They 
are organized under the direction of the Parish Superintendent, 
and conducted by managing teacher. The law is not monitory. 
The Parish Superintendent may organize these Institutes. When- 
ever it is possible to organize a local Institute, it should not be 



FREE PUBLIC SCHOOLS. 



neglected. It creates an interest in tlie cause of education that 
will result in a better and more cheerful support of the schools, 
and in an improvement in the teachers. It unites them, creates 
a healthier sympathy, and organizes a teacher force that must 
result in general improvement. 

HYaiENE AND SCIENTIFIC TEMPERANCE. 

A law has been adopted relative to hygiene ; also with refer- 
ence to the effects of narcotics, and requiriog lessons to be taught 
on the subject on scientific temperance in all the schools. This 
requirement is important. It should be gradually introduced 
and taught in schools. More can be obtained by mild but firm 
teaching than arbitrary action. 

THE LAW IN RELATION TO FREE SCHOOLS 

The laws, the compilation of which is now presented to all 
those feeling an interest in the free schools, have been adopted 
after due deliberation. The best enaction will be as naught, if 
not enforced with some energy. 

Energy and intelligent interest in behalf of the free schools, 
will bring about good results in a very short time. 

The free school system has been made the cherished policy of 
the State and of the general government. It devolves upon the 
citizens to assist in developing that policy, and to aid in main- 
taining useful system of public education. 

Jos. A. Breaux. 




Tie HoDe of tlie f orM Lies in the CMlto." 



There are many obligations of a iDublic character imposed upon 
the citizens. Tliey must serve as members of Juries; they may 
be called upon to bear arms to assert their country's rights; to 
serve in case of necessity in suppressing' riots and insurrections, 
and in maintaining i^eace and order. This is not the limit of the 
functions of good citizenship. There are other important duties 
that shoukl not be neglected. The influence of a man of liberal 
scholarship is considerable. The larger the number of citizens 
who have received training and culture the greater will be the 
influence for good, providing they choose to exercise for good, 
the advantages of education of which they have availed them- 
selves. Every man is an agent of a great Almighty will. The 
greater the authority conferred upon him, the more general the 
procuration, the greater the responsibility. 

The more important the object, the greater the attention it 
should receive. The education of future generations is certainly 
worthy of great attention. 

Lord Macauly in his speech delivered in the House of Com- 
mons, on the ISch of April, 1847, said : " The education of the 
" people is not only a means, but the best means of attaining 
" that which all allow to be a chief end of the government, and if 
'' this be so, it passes my faculties to understand how any man 
" can gravely contend that government has nothing to do with 
" the education of the people. * * * * ' Educate the peo- 
"■ pie,' was the first admonition addressed by Penn to the colony 
" which he founded ; ' educate the i)eople,' said Lord Baltimore; 
" 'educate the people,' was the legacy of Washington to the na- 
" tion he saved; 'educate the people,' was the unceasing exhor- 
" tation of Jefferson. I quote Jett'erson with peculiar pleasure, 
" because, of all the eminent men that ever lived (Adam Irimith 
" himself not excepted), Jeflerson was the one who most abhorred 
" everything like meddling on the part of governments, yet, the 
" chief business of his later years was to establish a good system 
" of State education in Virginia; and against such authorities as 
" this, what have you, who take the other side, to show'? Can 
" you naention a single great Philosopher? A single man distin- 
" guished by his love for liberty, humanity and truth, who, from 
" the beginning of the world down to the time of this present 
" parliament, have held your doctrines. You can oppose unani- 
" mous voice of all, the voice of all the wise and good, of all ages 
" and of both hemispheres, nothing but clamor which was first 
'' heard a few months ago, a clamor which you cannot join with- 



FEEE PUBLIC SCHOOLS. 9 



" outkiadliug, not only all whose memory you propose to hold in 
" reverence, but even your former selves." 

This was addressed to a minority quite limited of the g'overn- 
iug classes of England. The inflnence of this minority is no 
longer felt, for even England amply provides for general educa- 
tion. The inflnence of a man of liberal scholarship and of sound 
educational views prevail. 

The same responsibility rests upon the same classes of this 
country; upon those who owe the culture they enjoy to the kind 
and generous ancestry; upon those who owe to the State and to 
the public schools the first lessons, and the foundation of the 
knowledge they possess, devolve the duty. They are debtors in 
this respect to future generations. J. A. B. 




Whiit, sir! feed a child's body and let his soul hunger; pamper 
his limbs and starve his faculties'? What! plant the earth, cover 
a thousand hills with your droves of cattle, pursue the fish to 
their hiding places in the sea, and spread your wheat fields across 
J.he plains in order to supply the wants of that body which will 
soon be HS cold aud senseless as the poorest clod, and let the 
spiritual essence within you, with all its glorious capacities for 
improvement, languish and pine? What! build factories, turn in 
rivers upon the water-wheels, unchain the imprisoned spirits of 
steam to weave a garment for the body and leave The soul un- 
adorned and naked ? What! send out your vessels to the farthest 
ocean and make battle with the monsters of the deep m order to 
obtain means for lighting up your dwelling, and permit that vital 
spark which Deity has kindled to languish and go out. 

Edward Everett. 



LIMITATION OE LEGISLATIVE POWERS. 



Art. 51. Ko money shall ever be taken from the pnblic treas- 
ury, directly or indirectly, in aid of any church, sect or deuomi- 
nation of religion, or in aid of any priest, preaclier, minister or 
teacher thereof, as such; and no preference shall ever be given 
to, nor any distinction made against any church, sect or creed of 
religion, or any form of religious faith or worship ; nor shall any 
appropriations be made for charitable or benevolent purposes to 
any person or community ,• [)rovided, this shall not apply to the 
State Asylums for the insane, and deaf, dumb and blind, and the 
charity hospitals and public charitable institutions conducted 
under State authority. 

AETICLES OF THE STATE COKSTITUTIOI^ HAVmG 
REFERENCE TO PUBLIC EBUCATIOK 



PEOPEUTY USED POE, COLLEGE AND SCHOOLS ARE EXEMPT 
FROM TAXATION. 

Art. 207. The following property shall be exempt from taxa- 
tion, and no other, viz : All public property, i^laces of religious 
worship or burial, all charitable institutions, all buildings and 
property used exclusively lor colleges, or other school purposes, 
the real and personal estate of any i:>ublic library and that of 
any other literary association, used by or connected with such 
library ; all books and philosophical apparatus, and all paintings 
and statuary of any company or association kept in a public hall; 
provided, the property so exempted be not used or leased for pur- 
pose of private or corporate profit or income. There shall also be 
exempt from taxation household property to the value of five 
hundred dollars; there shall also be exempt from taxation and li- 
cense for a period of twenty years from the adoption of the Con- 
stitution of 1879, the capital, machinery and other property eiff- 
ployed in the manufacture of textile fabrics, leather, shoes, har- 
ness, saddlery, hats, flour, machinery, agricultural implements, 
manufacture of ice, fertilizers and chemicals, and furniture and 
other articles of wood, marble, or stone, soap, stationery, ink and 
paper, boat building and chocolate ; provided, that not less than 
five hands are employed in any one factory. 

Art. 208. The General Assembly shall levy an annual poll- 
tax for the maintainanee of public schools, uxDon every male 
inhabitant in the State, over the age of twenty-one years, which 



1'2 LAWS OF LOUISIANA. 

shall never be less than one dollar, nor exceed one dollar and a 
half per capita, and the General Assembly shall pass laws to en- 
force payment of said tax. ******** 

Art. 224, There >hall be free public schools established by 
the General Assembly throughout the State, for the education of 
all the children of the State between the ages of six and eighteen 
years; and the General Assembly shall provide for their establish- 
ment, maintainance and support, by taxation or otherwise, and all 
moneys so raised, except the poll tax, shall be distributed to each 
parish ill pro])ortion to the number of children between the ages 
of six and eighteen years. 

Art. 225 There shall be elected by the qualified voters of 
the State, a Superintendent of Public Education, who shall hold 
his office for the term of four years, and until his succpssor is 
qualified. His duties shall be prescribed bylaw, and he shall re- 
ceive an annual salary of two thousand dollars. 

The aggregate annual expenses of his office, including his sal- 
ary, shall not exceed the sum of three thousand dollars. The 
General Assembly shall provide for the appointment of parish 
boards of public education for the different parishes. 

Tlie parish boards may appoint a parish superintendent of 
public schools in their respective parishes, who shall be ex-officio 
secretary of the parish board, and whose salary for his double 
functions shall not exceed two hundred dollars annually, ex- 
cept that in the parish of Orleans the salary of the parish super- 
intendent shall be fixed by the General Assembly, to be paid out 
of the i)ublic school funds according to each parish respectively. 

[One school board may sue another fcr recovery of funds ille- 
gally paid to the other. School Board of East Carroll vs. School 
Board of Union, 36 Ann. 806J. 

Art. 226. The general exercises in the public schools shall be 
conducted in the English language, and the elementary branches 
taught therein; provided, that these elementary branches may be 
also taught in the French language in those parishes in the State, 
or localities in said parish, where the French language predomi- 
nates, it no additional expense is incurred ^hereby. 

Art. 227. Ihe funds derived from the collection of the poll- 
tax shall be applied exclusively to the maintenance of the public 
schools as organized under this constitution, and shall be applied 
t^clusively to the support of the public schools in the parish in 
which the same shall be collected, and shall be accounted for and 
paid by the collecting officers directly to the competent school 
authorities of each parish. 

Art. 228. l^o funds raised for the support of the public 
schools shall be appropriated for or used for the support of any 
other sectarian schools. 

Art. 229. The school funds of this State shall consist of : 
1. The proceeds of taxation for school purposes, as provided 
in the constitution. 



FREE PUBLIC SCHOOLS. 13 

2. The interest on the proceeds of all public lands heretofore 
granted by the United States for the use and support of the pub- 
lic schools. 

3. Of all lands and other property which may hereafter be be- 
queathed, granted or donated to the State, or generally for school 
purposes. 

4. All funds or property, other than unimproved lands, be- 
queathed or granted to the State, not designated for other pur- 
poses. 

5. The proceeds of vacant estates falling under the law to 
the State of Louisiana. 

The legislature may appropriate to the same fund the pro- 
ceeds, in whole or in part, of public lands not designated for any 
other purposes, and shall provide that every parish may levy a 
tax for the public schools therein, which shall not exceed the 
State tax; provided, that with such tax the whole amount of par- 
ish taxes shall not exceed the limits of parish taxation fixed by 
this constitution. 

CONCERNING A STATE UNIVERSITY, 

Art. 230. The University of Louisiana, as. at present estab- 
lished and located at New Or-leans, is hereby recognizif'd in its 
three departments — to-wit: the law, the medical and the agricul- 
tural d« partments — to be governed and controlled by appropriate 
faculties. The General Assembly shall, from time to time, make 
such provision for the proper government, maintenance and sup- 
port of said State University of Louisiana, and all the depart- 
ments thereof, as the public necessity and well-being of the peo- 
ple of the State of Louisiana may require, not to exceed ten 
thousand dollars annually. 

The Louisiana State University and Agricultural and Mechan- 
ical College, now established and located in the city of Baton 
Rouge, is hereby recognized, and all revenues derived and to be 
derived from the sales of land or land scrip, donated by the 
United States to the State of Louisiana for the use of seminary 
of learning, and mechanical and agricultural college, shall be ap- 
propriated exclusively to the maintenance and support of said 
University and Mechanical and Agricultural College, and the 
General Assembly shall from time to time make such additional 
appropriations for the maintenance and support of said Louisi- 
ana State University and Agricultural and Mechanical College 
as the public necessities and the well-being of the people of the 
State of Louisiana may require, not to exceed ten thousand dol- 
lars annually. 

(See Act 43, of 1884, Tulane Amendment). 

Art. 231. The General Assembly shall also establish in the 
city of New Orleans a University for the education of persons of 
color, provide for its proper government, and shall make an an- 
nual appropriation of not less than five thousand dollars, nor 
more than ten thousand dollars for its maintenance and support. 



14 LAWS OF LOUlSIAlifA. 

Warrants for salaries of constitutional officers where amounts 
are fixed by constitution, are paid by preference and property 
over all warrants on General Fund. State ex rel Collins vs. Burke, 
32 Ann. 1250 ; State ex rel University vs. Burke, 35 Ann. 404. 

University warrants issued of these articles have priority over 
all others, except constitutional warrants. State ex rel Univer- 
sity of Louisiana vs. Burke, 35 Ann. 457. 

After payment of University and Constitutional warrants, the 
Legislature may regulate priority of payment of other warrants. 
But where general fund cannot meet all apportions after pay- 
ment of these two classes, and those having legislative priority, 
such appropriations share the residue pro rata. (State ex rel Bier 
vs. Burke, 37 Ann. 434). 

Art. 232. Women over twenty-one years of age shall be eligi- 
ble to any office of control or management under the school laws 
of this State. 

THE "FREE SCHOOL FUND, SEMINARY FUND, AND AGRICULTURAL 
AND MECHANICAL FUND. 

Art. 233. The debt due by the State to the free school fund is 
hereby declared to be the sum of one million, one hundred aud 
thirty thousand, eight hundred and sixty-seven 51-100 dollars 
in principal, and shall be placed on the books of the Auditor to 
the credit of the several townships entitled to the same ; the said 
principle being the proceeds of the sales of land heretofore 
granted by the United States for the use and support of free 
public schools,which amount shall be held by the State as a loan, 
and shall be and remain a perpetual fund, on which the State 
shall pay an annual interest of four per cent, from the first day of 
January, 1880, and that said interest shall be paid on the several 
. townships in the State, entitled to the same in accordance with 
the act of Congress, No. 68, approved February 5, 1843; and the 
bonds of the State heretofore issued belonging to said fund, and 
sold under the act of the General Assembly, Xo. 81, of 1872, are 
hereby declared null and void, and the General Assembly shall 
make no jDrovision for their payment, and may cause them to be 
destroyed. 

The debt due by the State to the Seminary fund is hereby de- 
clared to be one hundred and thirty-six thousand dollars, being 
the proceeds of the sales of the land heretofore granted by the 
United States to the State, for the use of a Seminary of Learning, 
and said amount shall be placed to the credit of said fund on the 
books of the Auditor of the State, as a perpetual loan, and the 
State shall pay an annual interest of tour per cent on said 
amount from January 1st, 1880, for the use of said Seminary of 
Learning ; and the consolidated bonds of the State now held for 
the use of said fund shall be null and void after the first day of 
January, 1880, and the General Assembly shall never make any 



FEEE PUBLIC SCHOOLS. 15 

provision for their payment, and they shall be destsoyed in such 
manner as the General Assembly may direct. 

The debt due by the State to the Agricultural and Mechanical 
College fund is hereby declared to be the sum of one hundred 
and eighty-two thousand, three hundred and thirteen ^f o <^o^- 
lars, being the proceeds of the sales of lands and land scrip here- 
tofore granted by the United States to this State, for the use of a 
College for the benefit of ngriculture and mechanic arts; said 
amounts shall be placed to the credit of said fund on the books 
of the Auditor and Treasurer of the State, as a perpetual loan, 
and the State shall pay an annual interest of five per cent on 
said amount from January 1st, 1880, for the use of said Agricul- 
tural and Mechanical College. The consolidated bonds of the 
State now held by the State for the use of said fund, shall be null 
and void after the first day ot January, 1880, and the General As- 
sembly shall not make any provision for their i)ayment, and they 
shall be destroyed in such manner as the General Assembly may 
direct. 

The interest provided for by this article shall be paid out of 
any tax that may be levied and collected for the general purposes 
of public education. 



' "^=^#|§j?^" ' 



The teacher is a power. Leaving out of view their hereditary- 
bias and their home environments, pupils become in a large meas- 
ure what the teachers make them. Like teacher, like pupil. The 
teacher cannot be successful unless he becomes in some way a 
dominating influence in his pupil's life. He must be the ever 
present help, not only when with the child, but away from him, 
acting as a tonic to his mental energy, and furnishing motives 
for his self-sacrifices, and touching the sky of his future life and 
hope. 

J. H. Matthews. 



GENERAL ACT. 



No; 81J ADOPTED SBSSIO:^^ OF 1888. 

[See Act 43 of 1884, Tulane Amendment.] 

To regulate public education in Louisiana ; to provide a revenue for the 
same, and impose certain penalties ; and to apply lines imposed by Dis- 
trict Courts, and amounts collected on bonds to tlie purpose of public 
education, and to provide for the payment of unpaid balances due the 
public school teachers of New Orleans, for the years 1880, 1881, 1882 
and 1884. 

ARTICLE L — STATE BOARD OF EDUCATION. 

Section 1. That the Governor and the Superintendent of Pub- 
lic Education, and the Attorney General, together with six citizens 
to be appointed by tlie Governor, one from each Congressional 
District of the State, shall be a body politic and corporate by the 
name and style of the Board of Education for the State ot Louis- 
iana, with authority to sue and defend suits in all matters relat- 
ing to the interest of the public schools. The above specified six 
citizens shall receive, as compensation for their services in at- 
tending the meetings of the board, their actual traveling ex- 
penses and per diem for the number of days that the board is in 
session, the same as members of ihe State Legislature, payable 
on their warrants, approved by the president and secretary of 
the board, out of the school fund. 

ART. II. — AUTHORITY AND DUTY OF THE STATE BOARD OF 

EDUCATION. 

Sec. 2. That the Governor shall be ex-oficio the president, 
and the State Superintendent the secretary. The board shall 
meet on or before the first Monday of December of each year, 
and at other times upon the call of the State Superintendent. 
The acts of the board shall be attested by the signature of the 
president. 

ART. III.— PAROCHIAL BOARDS OF SCHOOL DIRECTORS, RULES 

FOR THE GOVERNMENT OF SCHOOLS AND UNIFORMITY 

OF TEXT BOOKS. 

Sec. 3. That the State Board of Education shall appoint for 
each parish in the State, except the parish of Orleans, a board of 
school directors consisting of not less than five, nor more than 
nine, qualified citizens of the parish. The Governor shall issue a' 
commission to each of said directors. The State Board of Edu- 
cation shall prepare rules, by-laws and regulations for the gov- 



18 LAWS OF LOUISIANA. 

ernment of the common schools of the State, which shall be en- 
forced by the parish snperiutendents and the several school 
boards, and shall give such directions as it may see proper as to 
the branches of study which shall be taught. The State Board 
shall strictly eriforce a uniformity of text books in all the public 
schools, and shall adopt a list thereof, which shall remain un- 
changed for four jGiir» after such adoption. For satisfactory 
reasons shown to said board, it may change said list or adopt a 
list generally preferred by teachers or parents in certain locali- 
ties, maintaimng as far as possible a uniformity of text books, 
and without placing parents and guardians to further expense. 
The adoption of such list and aparatus shall be by contract to 
the lowest bidder, subject to the change aforesaid, and to the best 
advantage as to cost to pupils. 

Art. IV.— parish superintendent ; additional report 

MAY BE REQUIRED OP HIM BY THE STATE 
BOARD OP EDUCATION, 

Sec. 4. That the State Board of Education may require re- 
ports to be made by the parish superintendent whenever the 
interest of the common schools indicate the necessity of other 
reports than now required. 

ART. V. — TERM OF OPPICE OP THE MEMBERS OP THE PARISH 
BOARDS AND OP THE PARISH SUPERINTENDENTS. 

Sec. 5. That the term of office of the members of the parish 
school boards and of the parish superintendents shall be four 
years fiom the time of their appointment. If a vacancy occurs, 
the unexpired term shall be filled as hereinbefore i)rovided. 
These officers shall take the usual oath of office, which oath 
shall be filed in the office of the State Superintendent of Public 
Education. 

ART. YI. — school BOARDS ARE BODIES CORPORATE. 

Sec. 6. That the several school boards are constituted bodies 
corporate, with power to sue and be sued, under the name and 

style of the '-Parish Board of Directors of the Parish of ," 

as the case may be. Citations shall be served on the president 
of the board. 

ART. YII. — DUTY AND AUTHORITY OP PARISH BOARDS. 

Sec. 7 . —That the parish board of directors shall select from 
their number a president They shall elect or appoint a parish 
superintendent, who shall be ex-officio secretary of the board. They 
are authorized, in their discretion, to appoint auxiliary visiting 
trustees for each ward or school district, or school in the parish ; 
such trustees to make quarterly reports to the parish boards of 
the actual condition of, and shall make needful suggestions in all 
matters relating to the schools they have iu charge as trustee. 



FEEE PUBLIC SCHOOLS. 19 

Tbe parisli boarrl of directors shall report to the State Board of 
Education all deflcieucies in the schools, or nt' gleet of duty on 
the part of teachers, superintendent or other officer. They shall 
visit and examine the schools in the several school districts of 
the parish, from time to time, and they shall meet and advise 
with the trustees when occasion requires (if auxiliary trustees 
be appointed by the board of the parish) They shall apportion 
the school fund to the several districts in the parish in proportion 
to the number of persons in the district between the ages of six 
and eighteen yenrs, and' shall determine the number of schools 
to be opened, the location of the school houses, the number of 
teachers to be employed, their salary; and the said school board 
is entrus;;ed with seeing that the provisions of the law are com- 
plied with. They shall -make such rules and by-laws for their 
own government (not inconsistent with the law) as they may 
deem j:»roper. The regular meeting of each parish board shall 
be held on the first Saturday of January, April, July and Octo- 
ber, and it may hold such special and adjourned meetings as the 
board may determine, or as occasion may .require. Each mem- 
ber shall r<»ceive payment for his attendance at school board 
meetings, when the board shall hold regular sessions on the days 
before mentioned ; piovided, that the amount be not fixed by the 
said board at more than two dollars per diem, and provided 
that the whole amount expended annually shall not exceed one 
hundred dollars. The school boards shall exercise proper vigil- 
ance in securing for the schools of the parish all funds destined 
for the support of the schools, including the State fund appor- 
tioned thereto, the i)oll tax collectible, and all other funds. 
They shall keep a record of all their transactions and proceed- 
ings. The school boards may receive land by purchase or 
donation, for the purpose of erecting a school house, provide 
for and secure t,he erection of same, construct such outbuildings 
and enclosures as shall be conductive to the protection of the 
property, make repairs and provide the necessary furniture apd 
apparatus. All contracts for improvements shall be to the low- 
est responsible bidder, the board reserving the right to reject 
any and all bids. They shall have power to recover for any 
damages that may be done the property in their charge; they 
may, by a two third vote of the whole board, after (^ue notice, 
change the location of the school-house, sell or dispose of the old 
site and use the proceeds thereof towards procuring a new 
one. 

AKT. VIII. — REMOVAL OF PARISH SUPERINTENDENTS, AND 
THEIR APPEALS. 

Sec. 8. For sufficient cause, the parish board of school 
directors may remove the parish superintendent, subject to an 
appeal to the State Board of Education, provided this appeal be 
taken within ten days after his dismissal. The appeal shall not 
have the effect of suspending the board's action of dismissal 



20 LAWS OP LOUISIANA. 

(luring its peiid«^ncy, but the ])arish superintendent shall be 
reinstated if the'Sfate Board of Education decides that he was 
dismissed wit'iout cause, and reverses the decision of the palish 
school board. 

AET; IX. — ATTOENEY OF THE PARISH BOAEDS. 

Sec. 9. That the district attorney of the district, or any other 
attorney selected by the board, shall act as counsel for the parish 
board. 

Art. X. -graded and high schools and authority of the 

PAROCHIAL BOARDS IN THAT CONNECTION. 

Sec. 10. That the parish school board shall have the autho- 
rity to establish graded schools, and to adopt such a system in 
that connection as may be necessary to assure their success ; 
central or high schools may be established when necessary. The 
ordinances establishing such schools adopted by the parish 
school boards shall be submitted to the State Board of Educa- 
tion, and no high school shall be opened without its sanction, 
and no sach school shall be established unless the amount 
be donated for the site and suitable buildings are provided for 
without any expense out of the school fund; provided, that the 
boards of directors of the parish of Oileans shall not require the 
sanction of the State Board for the purposes aforesaid. The 
school boards shall have the authority to assess and collect one 
dollar per annum from each family, surviving parent or guardian, 
who actually sends a child or children to the common schools of 
the district, to be collected in such manner as said board shall 
determine, which amount shall be used in providing the school- 
house with fuel and defraying the expenses necessary for the 
comfort of the school. 

ART. XI. — DIVISION OF PARISHES INTO SCHOOL DISTRICTS. 

Sec. 11, That it shall bo the duty of the parish board with 
the parish superintendent to divide the parish into school dis- 
tricts of sttch proper and convenient area and shape as will best 
accommodate the children of the parish. The parish boards 
shall, as soon as practicable, proceed to the work imposed upon 
them, and upon completing this work, they shall make a report 
to the parish superintendent, which report shall contain the 
boundary and description of the said district designated by num- 
ber. The parish superintendent shall record the same in a well 
bound book, kept by him for the purpose, which book shall be 
held by said parish superintendent, arc! be at all times open to 
inspection. The parish t)oard, if they deem it to the best interests 
of the schools^ may divide the ijarish into districts without refer- 
ence to the wards in the parish. 



FKEB PUBLIC SCHOOLS. 21 

ART. Xir.— SCHOOL DISTRICTS IN TWO ADJOINING PARISHES — 
HOW LAID OFF. 

Sec. 12. Thnt the parish superinteudouts of two adjoitiiiig 
j)arishes, where the division line intersects a neighborhood whose 
convenience requires it, may lay off a district composed of i^arts 
of both the p.uishes. Such districts shall be reported, together 
with thf^ census of school children only as belonging to the parish 
in which the f^chool house may be situated, by the purish super- 
intendent <if the parish ; and report shall be m.\de by the assessor 
and the parish superintendent as though it lay entirely in the 
parish. 

ART. XIII.— OPTION WHEN SCHOOL DISTRICTS ADJOIN AS TO 
WHICH SCHOOL CERTAIN CHILDREN WILL ATTEND. 

Sec. 13. That, where two school districts adjoin, it shall be 
lawfid for the children in either of the said adjoining districts to 
be taught iu and at such school-house as shall be most conve- 
nient to them ; provided, that their tuition fees shall be paid to 
the district in which they are tanght, and that no change be 
made without the assent of the school boards of the respective 
parishes. 

ART, XIV. — BRANCHES TO BE TAUGHT, ALSO THE FRENCH LAN- 
GUAGE IN THOSE LOCALITIES WHERE THE FRENCH 
LANGUAGE PREDOMINATES 

Sec . 14. — That the branches of orthography, reading, writing, 
arithmetic, geography, grammar. United States history and laws 
of health shall be taught in every district. In addition to those, 
such other branches as the State Board of Education and the 
parish school board may require ; provided, that these element- 
ary branches may be also taught in the French language in those 
parishes in the State or localities in said parishes where the 
French language predominates, if no additional expense is in- 
curred . 

ART. XV. — DUTIES OF THE PRESIDENT OF THE SCHOC)L BOARD. 

Sec. 15. That the president shall preside at the meetings of 
the board, call special meetings when necessary, advise with 
and assist the .jarish superintendent in promoting the success of 
the schools, and generally do and pertorm all other acts and 
duties pertaining to his office of president of the board. All 
deeds and contracts for the schools, including those with teach- 
ers, are to be signed by him ; the latter also by the parish super- 
intendent. 

SECRETARY — HIS DUTIES . 

The secretary shall keep full miuutes of all proceedings of the 
board in a book provided for the purpose, and shall do and per- 
form all other acts and duties legally jjertaiuing to the of&ce of 
secretary of the board . 



LAWS OF LOUISIANA. 



ART. XVI.— STATE SUPERINTENDENT OP PUBLIC EDUCATION. 

Sec. 16. Tliut an office shall be provided for the State Super- 
intendent of Public Education at the seat of government, in 
which he shall file, each year sei)arately, all papers, reports and 
public documents transmitted to him by the board and officers 
whose duty it is to report to him, and hold the same in readiness 
to be examined by the Governor whenever he sees proper, and 
by any committee a[)pointed by the General Assembly ; and he 
shall cause to be kept a record of all matters appertaining to his 
office. In case of vacancy in the office of Superintendent of 
Public Education, the Governor shall fill the vacancy and sub- 
mit the name of the appointee to the Senate for its confirmation 
at the first session held after the appointment. 

ART. XVII— SALARY OF THE STATE SUPERINTENDENT, HIS 
OFFICE, STATIONERY, CLERK, PORTER. 

Sec. 17. That the salary of the Superintendent of Public 
Education shall be two thousand dollars per annum, besides 
which he shall be entitled to office fixtures, stationery, books, fuel 
and lights needed to carry on the work of his office. He shall 
have the authority to api^oint a clerk and a porter, and prescribe 
the duties of each; provided, that the entire expenses of his 
office, including salaries, postage and incidentals, shall not ex- 
ceed the specific ap|)ropriation therefor, piyable in monthly 
installments out of the current school fond by the Treasurer of 
the State, upon the warrants of the State Superintendent. 

ART. XVIII. — DUTIES OF THE STATE SUPERINTENDENT AND THE 
SCHOOLS SUBJECT TO HIS SUPERVISORY CONTROL. 

Sec. 18. That the State Superintendent of Public Education 
shall have general supervision of all boards of education and of 
all common, high and normal schools of the State, and shall see 
that the school system is carried into effect properly. He shall 
visit the several parisbes of the State whene\^r practicable, at 
least once a year, and shall give due notice of the time of his 
intended visit to the parish superintendent, whose duty it shall 
be to meet and confer with the State Su()erintendent on all mat- 
ters connected with the interests of the common schools of the 
parish 5 while engaged in this duty his actual expenses shall he 
paid out of the curr^ut school lund, but shall not in any case ex- 
ceed the amount appropriated [ler annum for the purpose. 

ART. XIX. — ACCOUNTS THE STATE SUPERINTENDENT SHALL 

KEEP. 

Sec. 19. That he shall keep an account of all orders drawn 
or countersigned by him on the Auditor of all returns of settle- 
ments, and make note of ail changes in the appointment of school 
treasurers; whenever required any part of this account or note 
of change shall be furnished by the Auditor . 



FEEE PUBLIC SCHOOLS. 



AKT. XX.— BIENNIAL KEPOET AND WHAT IT SHALL CONTAIN, 

AND NUMBER OF COPIES TO BE PRINTED 

AND DISTRIBUTED. 

Sec. 20. That he shall bienTdally, on or before the meeting of 
the General Assembly, make a report of the condition and })ro- 
gress made and possible improvements to be made in the common 
schools ; the amount and condiiion of the school funds ; how its 
revenues, during two previous school years, have been distribu- 
ted ; the amount collected and disbursed for common school pur- 
poses from local taxation or from any other source of revenue, 
and how the same was expended. 

This report shall contain an abstract of the parish and city 
superintendents' lejDorts. He shall communicate all facts, statis- 
tics and information as are of interest to the common schools. 
He shall cause to be printed a copy for each school district in the 
State, two hundred copies for the use of the members of the 
Legislature and to exchange with the .superintendents of public 
instruction of other States, and three hundred copies for distri- 
bution by the superintendent. 

ART. XXI. — INSTITUTION OF THE BLIND AND THE DEAF AND 

DUMB . REPORTS AND SUGGESTIONS TO BE MADE 

BY THE STATE SUPERINTENDENT . 

Sec. 21. That the Superintendent in his report shall set forth 
the objects, make suggestions which may be of interest and pro- 
mote the succ ss of the Institutions of the Blind and the Deaf 
and Dumb. The sui)erintendents of these institutions shall an- 
nually, by the first day of March, furnish the Staie Superintend- 
ent of Public Education such statements of their res[)ective insti- 
tutions as may be necessary to enable him to make a full and 
satisfactory report. 

ART. XX[I.— COPIES OF THE STATE SUPERINTENDENT'S RECORDS 
AND PAPERS ADMISSIBLE IN EVIDENCE . 

Sec. 22. That certified copies of recoids and papers in his 
office shall, in all cases, be evidence as admissible as the original, 

ART. XXIII —NEGLECT OF DUTY TO BE REPORTED AND THE 
IMPROPER USE OF THE SCHOOL FUND. 

Sec. 23. That it is made part of his duty to report all neglect 
of duty or any improx)er uses made of school tunds to thcState 
Board of Education whenever it may come to his knowledge. 

ART. XXIV. — DECISKNS TO BE MADE BY THE STATE SUPERIN- 
TENDENT AND APPEALS FROM HIS DECISIONS. 

Sec. 24. That the State Superintendent shall decide all con- 
troversies or disputes that may arise or exist among the direc- 



24 LAWS OF LOUISIAI^A. 

tors, or between the superintendents and the board, and between 
the superintendents and t>)achers concerning their respective 
duties. The facts of these controversies or disputes shall be 
made known to him by written statements by the parties thereto, 
verified by oath or affirmation if required, and accompanied by 
certified copies of all necessary ininutt^s, contracts, orders or 
other documents. An appeal may be taken from his decision to 
the Board of Education, provided it be taken within fifteen days 
after his decision shall have been made. When called upon by 
tbe Superintendent of Pablic Education the Attorney General 
shall give his opinion in regard to any controversy or dispute. 
The Superintendent of Public Education shall, whenever re- 
quired, give advice, explanations, constructions or informatio"S 
to the district officers and superintendents and citizens relative 
to the common school law ; the duties of cummon^chool officers ; 
the right and duties of patents, guardians, pupils and all officers ; 
the management of the schools, and all other questions calculated 
to jjromote the cause of education. 

ART. XXV.— PARISH SUPERINTENDENT. 

Sec. 25. That there shall be a parish superintendent in each 
of the parishes of the State, the parish of Oileans excepted, who 
shall be possessed of moral chara(;ter and ability to manage the 
Common school interest of the parish. He shall be of age. His 
salary shall not be more than two huiidred dollars per annum for 
his services as sup^nintendent and secretary as herei i provided. 

ART- XXVI. — VISITS TO BE MADE. 

Sec. 26. That he shall during the year visit, once at least, 
each district school in the parish, and he shall exert his best 
endeavors in promoting the cause of common school education. 

ART. XXVII.— ADDITIONAL COMPENSATION ALLOWED FOR CER- 
TAIN SERVICES OF THE PARISH SUPERINTENDENT. 

Sec. 27 Whenever his services are quite efficient and highly 
satisfactory to the school board, it is authorized in its discretion 
to allow an' amount sufficient to the parish superintendent to de- 
fray his expenses in visiting all the schools in his parish. The 
amount allowed shall never exceed one hundred and twenty five 
dollars per annum. Prior to any payment for expenses in visit- 
ing the schools he shall make a written report res!)ecting the 
condition of each school examined, and shall make it appear that 
he has devoted at least three hours in examining each school vis- 
ited. The school board is also authorized to defray his expenses 
to attend annually the convention of su[)erintcndeuts. 

ART. XXVIII.— COMMITTEE FOR TH2 SELECTION OF TEACHERS. 

Sec. 28. That the president of the school board and a mem- 
ber appointed by the board, also the Parish Superintendent, shall 



TEEE PUBLIC SCHOOLS. 25 

constitute a committee, and shall as sucli appoint the teachers 
of the common schools for his parish, and fill vacsmcies in the 
order of merit as hereinafter provided. At the first meeting- of 
the board after the appointment, it shall be noted in each instance 
in the minutes of its iiroceedings. 

ART. XXIX. — REPORT OF SCHOOL CHILDREN IN EACH PARISH 
AND DISTRICT, WHEN TO BE MADE AND BY WHOM. 

Sec. 29. That it shall be the duty of each Parish Superinten- 
dent, on or before the 10th day of January of each year, to cause 
to be place! in the hands of the State Superintendent of Public 
Education a report showing the number of children between the 
ages of six and eighteen years, residing in the parish, and the 
whole number residing in each district designated by this num- 
ber. He shall take the items of his report from the assessor's 
returns showing the said number of children, but he shall 
assure himself of its correctness, and so at! est before a compe- 
tent officer. 

ART, XXX. — REPORT ANNUALLY BY THE PARISH SUPERIN- 
TENDENT, TO WHOM MADE, WHEN, WHAT IT SHALL CONTAIN, 
AND PENALTY FOR FAILURE TO MAKE THE REPORT . 

Sec. 30. That he shall previously to the 15th day of Janu- 
ary, mail to the State Superintendent of Public Education his 
official report, showing in tables an aggregate of the school dis- 
tricts in his parish by number, the districts in which schools 
were taught, and the length of time taught, the highest, the low- 
est, and the average number of children at school, the cost of 
tuition of each child for the session and per month, number of 
private schools, academies and colleges taught in the parish, and 
the length of session of same ; the number of teachers employed, 
male and female, for the common schools, the average wages of 
male teachers, female teachers, the amount of money raised for 
school purposes in the parish by local tax or otherwise, and for 
whose purpose it was disbursed ; the number and kind of school 
houses, and the value of each, the number built during the year 
preceeding the report, the number of district libraries and the 
number of volumes in each, and the increase during the year, 
the amount received and expended. In case of his neglect or 
failure to make this report in time as required, he shall forfeit 
and pay the sum of twenty dollars of his annual salary. 

ART. XXXI. — RECORD THEY SHALL KEEP, DESCRIPTIONS OF 
SCHOOL DISTRICTS, CUSTODY OF PAPERS AND DOCUMENTS . 

Sec. 31. That each Parish Superintendent shall keep a 
record of all the business transacted by him as Parish Superin- 
tendent, the names and numbers, and description of school dis- 
tricts, and all other jiapers and documents of value connected 
with his office, at all times subject to inspection and examination 



26 LAWS OP LOmsIANA. 

by any school officer or otlier person interested in any question 
pertaining to the common school. 

ART. XXXII.-- -OATHS THEY MAT ADMINISTER. 

Sec . 32. That the Parish Superintendent may administer the 
oath required of any of the officials of the common schools, or of 
any person required to make oatb in any matter relating thereto, 
except to qualify directors 

ART. XXXIII.----OFFICE DAYS OF THE PARISH SUPERINTENDENT. 

Sec 33. That he shall attend at his office, at the parish seat, 
on the first Saturday of January, April, July and October, in 
each year, and at such other times as may be necessary for him 
to receive the reports of teachers and others, and to transact the 
business required of him. 

ART. XXXIV. - -teachers' INSTITUTE OR ASSOCIATION. 

Sec. 34. The Parish Superintendent may devote the first Sat- 
urday of each month, during the time the common schools are in 
session in the parish, to lioldiug institutes for the improvement 
of teachers in tlieir qualifications and methods of teaching, and 
for the discussion of topics pertaining to the advancement of the 
public school interest in the parish. 

ART. XXXV . -—attendance OF THE TEACHERS' OBLIGATORY. 

Sec. 35. That the teachers shall be notified of the time and 
place of the niontldy institute meeting. Teachers failing to be 
present, or to take such part in tlM', exercises as the Superin- 
tendent may assign or designate, shall forfeit one day's salary 
(which forfeited salary shall be paid to the parish institute fund), 
unless a good and sufficient reason for snch failure to attend 
shall be gi^^en in writing to the parish Superintendent within ten 
days thereafter. I^To teacher shall be bound to attend the insti- 
tute who, to do so, shall have to travel a greater distance than ten 
miles each waj^, and otherwiiLC than by land. 

ART. XXXVI.- -LENGTH OF TIME FOR SESSIONS AND FORFEITURE 
FOR NON-ATTENDANCE. 

Sec. 36. Three hours woik shall be required to constitute a 
legal session of one institute, and the Pari>h Superintendent shall 
foifeit five dollars for each institute that he fails to conduct as 
required by this act, unless physically unable to attend, or for 
other sulficient excuse, to the satisfaction of the School Board. 

ART. XXXYII — MEMBERS OF THESE INSTITUTES MAY BE HONOR- 
ARY OR ACTIVE, 

Sec. 37. These institutes may receive as members, honorary or 
active, the members of the board, all officers, and any citizen of 



. FEEE PUBLIC SCHOOLS. 27 

good moral character as may desire to become a member, subject 
to the rules and regulations, and to the pf=»yment of such dues 
and fines as may be imjiosed by a quorum of the said institutes. 

ART. XXXVIII. — KOLL OF MEMBERS. 

Sec. 38. That each parish superintendent, upon the assem- 
bling of the teachers' instiiute of his parish, shall cause a roll of 
members to be prepared, which roll shall be called at least twice 
a day during the session of the institute, and all absentees shall 
be carefully marked. He shall ascertain the number of teachers 
who were in attendance, atid length of time each attended, and 
he shall keep a record thereof. 

ART. XXXIX. — INSTITUTE MANACiERS IN THE PARISHES. 

Sec. 39, That each parish superintendent before the begin- 
ing of the free school term, shall apj)oint one of the best quali- 
fied teachers of his parish as institute manager for each institute 
district, should there be more than one institute district in the 
Xjarish; and such appointees shall each be paid for actual services 
two dollars and a half |)er day out of the institute fund as com- 
X)ensatiou for holding institutes, and for assisting the sufjerin- 
teudent during the session. 

ART. XL. — INSTITUTE FUND. HOW COLLECTED, KEPT All^D 
EXPENDED. 

Sec. 40. That all institute funds shall be collected and re- 
ceipted for by the superiutendent He shall have a record of the 
aniount received, hand them over to the treasurer of the school 
board, who shall keep a separate account of these funds. He 
shall pay them out on the warrantof the superintendent, counter- 
signed by the president of the school board. These funds shall 
be expended only in the interest of the institutes. The superin- 
tendent, for all services in connection with these institutes, shall 
be paid three dollars a day out of said fund for each day he will 
cause the said institute, to hold under his personal supeiiu- 
tendence, and for each day's attendance as provided for in section 
thirty four (34) . 

ART. XLI.— INSTITUTE NOT APPLICABLE TO NEW ORLEANS. 

Sec. 41. The foregoing sections having reference to parish in- 
stitutes shall not apply to the parish of Orleans, but the school 
board of said parish may inaugurate and carry on such institutes 
in the manner and with the power and authority set forth above. 

ART. XLII.— INSTITUTES ORDERED TO BE HELD BY THE STATE 
BOARD. ATTENDANCE AND HOW HELD. 

Sec. 42. That other institutes may be held when ordered by 
the State board of education or under special laws ordering such 
institutes to be held. These shall be held at any time ordered 



28 LAWS OF LOUISIANA. , 



by authority between the first day of April and the first day of 
October. Every teacher of a common school must attend the 
sessions upon penalty for non-attendance, and if satisfactory ex- 
cuse has not been rendered to the parish superintendent of for- 
feiting two days' pay. Those sessions, i. e., those provided for by 
this section, shall not be held during a longer time than four 
days ; during which there shall be vacation of the common schools 
of the parishes, to give opportunity to the teachers to attend, 
and no reduction of the teacher's salary shall be made during 
said vacation, provided he was in attendance the full time of the 
session of the institute. These institutes, held under this section, 
shall, as far as possible, be held in some town centrally located, 
and teachers from as many parishes as can conveniently attend 
shall be notified to attend. This notice they shall obey, under 
the penalty, if not obeyed, before mentioned. That at each ses- 
sion of the institute, every subject embraced in the commou 
school cause shall be brought before the institute; also, shall be 
considered the whole work of the teacher, and the common school 
laws of the State shall be read and expounded. 

ART. XLIII. — REPORTS TO BE MADE BY PARISH SUPERINTEN- 
DENTS RESPECTING INSTITUTES. 

Sj:c. 43. That the parish suj)erinteudeut, in his annual report 
to the State superintendent, shall state the time and place 
teachers institutes were held; the names of the persons conducting 
the same; the number of persons registered as in attendance ; 
the sums collected ; the number and names of teachers of com- 
mon schools in the parish who did not attend the institute, and 
such other information of the proceedings and results of the in- 
stitute as he may deem of value and interest. 

Art. xliv. — examination of applicants to be appointed 
teachiirs. by whom conducted and how. 

Sec. 44. That it shall be the duty of the parish superintend- 
ent to conduct or sui)erintend in person the examination of all 
persons offering themselves as candidates for position of teachers 
of the common schools of his parish (except in cities and towns 
organized as one district by s|)eciaract of the General Assembly; 
except also, when the applicant holds a certificate entitling him to 
teach without further examination, as provided for in this act,) 
in regard to their moral character, learning and ability to teach. 
For any violation of this duty he shall be liable to a fine of not less 
than twenty dollars, nor more than fifty dollars. The school 
board of the parish shall appoint a committee of two competent 
persons to assist him (the parish superintendent) in making these 
examinations. The superintendent and the committee must 
agree as to competency of the applicant before a certificate cau 
be issued. Whenever two or more teachers apply for the same 
position or positions a competitive examination shall beheld, and 
the position or positions shall be given to the most competent. 



FEEB PUBLIC SCHOOLS. 29 



ART. XLV. — EXAMINATION FEE. 

Sec. 45. Before being examined, each applicant for a certifi- 
cate to teach shall pay a fee of one dollar for the parish institute 
fund, which shall be returned to him it a certificate be not issued 
to him. 

ART. XL VI. — EXAMINERS. THEIR, DUTIES AND PENALTIES FOR 
NON-PERFORMANCE. 

Sec. 46. Before the examiners shall commence their examina- 
tion of teachers, they shall take an oath that they will faithfully 
discharge their duties ; they shall not give to any person a cer- 
tificate before they will have examined the candidate touching 
his or her qualifications and fitness to teach, and who is not 
qualified to teach as required by the common school law. They 
shall be satisfied that the applicant is possessed of good moral 
character ; if at any time the teacher be found incompetent, inef- 
ficient or unworthy of the endorsement given him, the parish 
superintendent may revoke the same and notify the board of his 
action for its approval or disapproval. Any teacher may be dis- 
charged at any time under the above provisions, but he shall be 
entitled to receive payment for services only up to the time of 
such dismissal. 

ART. XL VII. — THIRD ORADE CERTIFICATE. 

Sec. 47. To obtain a third grade certificate the applicant 
must be found competent to teach spelliuff, reading, primary 
mental arithmetic, rudiments of practical arithmetic through 
fractions and simple interest, elementary geography, primary 
language lessons and laws of health. 

ART. XL VIII — SECOND GRADE CERTIFICATE. 

Sec. 48. To obtain a second grade certificate the applicant 
must be found comj)eteut to teach arithmetic, geography, English 
grammar and composition, United States history, elements of 
natural philosophy and elements of iDhysiology. 

ART. XLIX. — FIRST G-RADE CERTIFICATE. 

Sec. 49. To obtain a high scihool or first grade certificate the 
applicant must be found competent to teach elocution, spelling, 
grammar, rhetoric and literature, history, botany, philosophy, 
arithmetic, algebra, geograpby and geometry, and such other 
studies of high grade as local boards may deem necessary. A 
special certificate of this grade may issue on a satisfactory exam- 
ination in the study or studies to be taught ifi any special aca- 
demic department, which shall entiule the holder to special ap- 
pointment in a department where such studies may be taught. 



30 LAWS OF LOUISIANA. 

AUT. L.— CERTIFICATE REQUIRED AS A REQUISITE TO THE EM- 
PLOYMENT OF A TEACHER . 

Sec. 50. That no person shall be appointed to teach who has 
not obtHitied a license for the scholastic year in which the school 
is to be taught, and of a grade sntflciently high to meet the re- 
quirements of the school, or unless he or she hoi Is a certificate 
provided for by this act, which eveinpts him or her from exam- 
ination ; provided, that all te;ichers who have been teaching 
since three years are exempt from further examination. 

ART. LI. -REGISTER AND REPORT TO BE MADE MONTHLY BY 

TEACHERS. 

Sec . 51. That it shall be the duty of each teacher of a common 
school to keep such a register of the school as the parish super- 
intendent may requite, and piior to receiving his or her monthly 
salary at the end of each month, he or she shall make a report of 
the entire number of pupils enrolled ; the highest, lowest and 
average number of i)upds in attendance during the session ; the 
books used, branches taught, number of pay pupils, if any, and 
such other information as the jiarish superintendent mny deem 
important, and shall furnish a copy of such report to the parish 
superintendent, and if he or she willtully neglect or fail to do 
this the parish superiniendent shall withhold two dollars ($2) of 
his salary due for the benefit of the parish institute. 

ART. LIL-STODIES PRESCRIBED BY THE BOARD TO BE FOLLOWED 
AND ACCOUNTABILITY OF PUPILS TO TEACHERS. 

Sec. 52. That the teachers shall faithfully enforce in school 
the course of study atid the regulations prescribed in pursuance 
of law, and if any teacher shall wilfully refuse or neglect to com- 
ply with such requisition'^, the parish superintendent, on petition 
or conjplaiut which shall be deemed sufficient by the board, may 
remove or dismiss him or her. Every teacher shall have the 
power and authority to hold every pu[)il to a strict accountability 
in school for any disorderly conduct on the i)lay grounds of the 
school or during intermission or recess, and to suspend from 
school any pupil for good cause ; provided, however, that such 
suspension shall be reported in writing as soon as practicable to 
the parish superintendent, whose decision of the case shall be 
final ; and, provided further, that in the parish of Orleans the 
principals of schools shall suspend and report same to the super- 
intendent for approval or further action . 

ART. LIII. — REVENUE 

Sec. 53. That the State Superintendent of Public Education 
shall quarterly, on the first Monday in March, June, September 
and December, in eacti year, apportion the funds appropriated by 
the General Assembly for the support of the common schools of 
the State, among the several parishes of the State, according to 



FREE PUBLIC SCHOOLS. 31 

the number of children between the affes of six and eighteen 
years in each parish ; provided, however, that all the poll tax 
collected in any parish shall be api>ropri;(ted to said parish. The 
amount so apportioned shall be paid by the State Treasurer to 
the school treasurer of each parish upon the warrant of the State 
Superintendent of Public Education. 

ART. LIT.— POLICE JURIES AND ALL MUNICIPAL CORPORATIONS 

EXCEPT NEW ORLEANS, TO LEVY l^ MILLS FOR SCHOOL 

PURPOSES IN THEIR ANNUAL BUDaET . 

Sec 54. That the police jurors of the several parishes, and the 
boards of trustees, aldermen, and legal representatives of cities, 
towns and villages (except the parish of Orleans), may levy for 
the support of the common schools of their respective parishes, 
not less that one and a half mills of the ten mills tax on the 
dollar of the assessed valuation of the property thereof This 
shall be provided f -r in their annual budgets. On the refusal or 
neglect to levy sai<l tax or to vote for such levy, the parish school 
board shall have the right, and it shall be its duty, to compel by 
mandamus, which may be tried in chambers or in open court, the 
levy of said tax to be collec'ed as in case of parish and copora- 
tion taxes, and shall be paid to the school treasury of the parish 
or town where collected, monthly, by the tax collector ; prov ded, 
towns not exempted under their charters from the payment of 
parish taxes, and subjected to the burden of taxation as the par- 
ishes are, shall not pay this tax, for same is included in the taxes 
imposed by the parish in which the town is situated. 

NoTA. — The Legislature may appropriate to same fund the proceeds, in. 
whole or in part, of public lands not designated for aay other purpose, and 
shall provide that every parish may levy a tax for t.he public schools therein, 
which shall not exceed the State tax ; provided, that with such tax the whole 
amount of parish taxes shall uot exceed the limits of parish taxatioa fixed bj' 
the Oonsiitutiou. Const. Art. 229. 

The word " may " authorizes but does not provide that the Police Jury 
shall levy a tax. State ex rel vs. Police Jury, 40th Ann., 755. 

ART. LV.— PINES AND BONDS FORFEITED TO BE COLLECTED 
FOR THE SUPPORT OF THE COMMON SCHOOLS. 

Sec. 55. That all fines imposed by the several district courts 
for violation of law and the amount collected on all forfeited 
bonds in criminal cases, after deducting commissions, shall be 
paid over by the sheriff of the parish in whieh the same are 
imposed and coUected, to the treasurers of the stdiool boards in 
said parishes, and shall be a|tplied to the support of the common 
schools, as are applied to other funds levied for the purpose 
(the parish of Orleans excepted). 

ART. LVL— SCHOOL TREASURER. 

, Sec .56. That the parish treasurer in every parish (the parish 
of Orleans excepted) shall be and is constituted the treasurer of, 



32 LAWS OF LOUISIANA. 

all school funds apportioned by the State to such parish, or raised, 
collected or donated therein for the support of the free public 
schools; he shall receive and receipt for all such funds to the 
Tri asurer of the State, and to the collector of the parish taxes. 

ART. LVII--- BOND OF THE TREASUREE. 

Sec 57. That immediately upon the passage of this act, and 
thereafter before he enters upon the duties of his office, the parish 
treasurer of each parish who shall beelectt^d after the passage of 
this act, shall, in jiddition to the bond required by existing law, 
execute a bond in favor of the Governor of the State, with good 
and solvent security, in a sum equal to the amount annually ap- 
portioned to the parish; the sureties on said bonds shall be resi- 
dents of the parish, and shall own therein real estate worth over 
and above all iiu-umbrauce the amount of their obligations there- 
on ; said bond must be accepted by the president of the Board of 
Directors, and the clerk of the district court, w^ho shall record 
the same in the mortgage book of the parish, and shall forward 
to the State Superintendent of Education and to tbe State Treas- 
urer a copy of said bond, wMth a certihcate of its acceptance and 
registry endorsed thereon. 

ART. LVIII.-TRANSFEK OF SCHOOL FUNDS. 

Sec. 58, That said treasurer, immediatel}'' upon the acceptance 
of his bond, shall demand of his predecessor in the office of the 
treasurer of the tschool funds, the custody of all books and papers 
and of all balances of school money in his hand as custodian of 
the school funds of the parish. 

ART. LIX.-HOW THE SCHOOL FUNDS SHALL BE DISBURSED. 

Sec. 59. That said treasurer shall pay out of the school funds 
intrusted in his charge only on warrants drawn by the president 
and countersigned by the secretary of the parish school board, 
and shall state against Avhat school district fund it was drawn, 
which warrants shall be draw^n by these officers only in virtue of 
api^ropriations regularly made by the parish board; tln^ parish 
board shall make annually an estimate of the amount of revenue 
for the year, appropriating the same as above required, and no 
Avarraut beyond the amount estimated shall be drawn for any 
year. These w^arrants sball be numbered and shall specify on 
their face to whom and for what they are given, and the date of 
the appropriation made by the school board ; the treasurer shall 
pay these warrants oidy to the extent of the amount to the credit 
on his books, and in the order in which they are presented, of 
school districts, in behalf of which the warrants shall have been 
drawn, and said warrant shall be filed in the office as vouchers, 
and with the account book kept by him as treasurer of the school 
fund shall always be subject to examination by any one who 
chooses to examine them. 



FEBB PUBLIC SCHOOLS. 33 

ART. liX.— treasurer's COMPENSATION. 

Sec. 60. That the compensation of the treasurer shall be a 
sum to be fixed by the State Board of Education, for each parish, 
according- to its territorial area, and theaiiioniit of fund to be dis- 
bursed; but in no case shall it exceed two and a half per cent, on 
the amount disbursed by him as shown by his vouchers. 

ART. LXI.— receipts AND DISBURSEMENTS. ACCOUNT OF WHEN 
REQUIRED AND HOW BE MADE. 

Sec. 61. That it shall be the duty of the treasurer to fnrnish 
to the parish board accounts of his receipts and disbursements 
as often as required by them, and before the 10 (h day of Jan nary, 
arinnally he shall forward to the State Superintendent of Public 
Education, in such form as he shall prescribe, a full report of his 
receipts and disbursements for the year, and of the /valance on 
hand to the credit of each ward or school district, and the indebt- 
edness outstanding on the first day of January; provided, the 
foregoing sections do not apply to the treasurer ot the board for 
the parish of Oi leans. 

ART. LXII.— CITY SCHOOLS, 

Sec. 62. That all the public schools of the parish of Orleans, 
and the property and appurtenances thereof, shall be under the 
direction and control of a board of directors. Said board shall 
consist of twenty members, eight of whom shall be appointed by 
the Governor, by and with the consent and approval of Jhe State 
board of education, and twelve members thereof shall be elected 
by the city council of New Orleans. The members of said board 
shall hold office during four years after their appointment and 
election, except as hereinafter provided, and until their succes- 
sors are appointed or elected and qualified. On the first organiza- 
tion of said board by the members thereof, who shall be appointed 
and elected on the passage hereof, and in the manner aforesaid, 
the members shall be divided into four classes, b}" such method as 
they may choose, each class to consist of three members, elected 
by the city council and two members appointed by the Governor, 
by and with the consent and ai)i)roval of the State board of edu- 
cation, whose terms shall expire respectively in one, two, three 
and four years, and whose successors shall be elected and appoint- 
ed for four years, and in the maimer set forth above ; so that one- 
fourth of the membership of said board shall expire, and be elect- 
ed and appointed annualy. Vacancies in membership shall be 
filled by the appointive or elective power, as herein provided. 

ART. LXIII. — ORGANIZATION OF THE BOARD AND SALARY. 

Sec. 63. That said board of directors of the public schools of 
the parish of Orleans shall be a body corporate in law, with 
power to sue and be sued. Eleven members shall constitute a 
quorum for the transaction of business. Legal process shall be 



34 LAWS OF LOUISIANA. 

served on the president ; in Ms absence or inability to act, on the 
vice-president. The city attorney shall act as attorney for the 
board. Tbe board shall be organized within ten days after its 
appointment, with a president and vice-president chosen from 
among its members, nnd a secretary, who shrill not be a member 
ofthebojird. Tbe salary of the secretary shall not exceed the 
sum of eighteen hundred dollars (|1.8()0) per annum. In addition 
to I he duties of his office, which may be fully presi^ribed by the 
boaid, he sh ill make a quarterly report to the S^ate Superin- 
tendent of Education of the cost of maintaining the city schools, 
and shall keep the acc-ounts of said board in such manner as to be 
in strict accordance with such buJget as they niriy adopt, certify- 
ing to said board at each monthly meeting the expenses of said 
board ior each currer^t montli. Said board shall have control of 
all buildings, records, papers, furniture and property of any kind 
pertaining to the administration of the schools, and shall have 
the management of all the public schools within the lim'ts of the 
city of New Orleans The expenses of said board for its station- 
ery and other purposes shall not exceed twelve hutidred d(»llars 
per annum, this limitation not to apply to the schools or teachers, 
but sim|)ly to the expenses of the board. The salary of the secre- 
tary shall be p;iid in the same manner as hereinafter provided for 
the payment of the salary of the superintendent. 

AKT. LXIV.-AUTHORITY OF THE DIRECTORS-PARISH OF ORLEANS. 

Sec. 64. That in addition to the powers and duties herein- 
before grf^nted to and imposed upon parish boards, the powers 
and duties of said board of directors of the parish of Orleans 
shtill be as follows : 

First. It shall adjust and fix equitably the salaries of teachers 
and i)orters or i)oi tresses emidoyed in the schools, and of the 
secretary and employees and of such assistant superintendents 
as it may deem necessary for an efficient supervision of the 
schools . 

Second. It shall limit the annual expenses of maintaining the 
schools to the annual revenue, and the expense for any one 
month shall not exceed the one-ninth part of the whole amount 
provided for the schools. 

Thiri. It shall prescribe rules for subjecting teachers, or can- 
didates ior teacherships, to a careftd competitive examination on 
all such branches as they are expected to teach, and no person 
shall be elected to a position as teacher without a favorable 
report on his or her moral and mental qualifications by an or- 
ganized committee of examiners ap[)ointed by thebofird. Teachers 
legularly examined and eleitted shall not be removed from the 
sehools during the tinfe for which employed, except on, written 
charges of immorality, neglect of duty, incompetency or malfeas- 
ance, of which he or she shall have been found guilty by a major- 
ity of the members of the board at a regular monthly meeting. 
Tbe said board mny except from such examination any; person 



FKEE PUBLIC SCHOOLS. 35 

who has passed a satisfadfory exfiminalioii, ns required by Act 
No. 23 of eighteen hundred ami stventy seven, ap|irovt^d March 
tweuty-sixfh (2(jth), eighteen hiuidied and seventy seven (18.7), 
and who boUls a certificate of qnalification, and wlio his had two 
years or more experienc;e as a teacher, so that the calling of a 
teacher shall be elevated to a profession, and that a system of 
life certificates shall be issued to ail such teachers in the city of 
New (Jileaus by the board of directors of city schixds; any per- 
son who is a graduate of a State normal school, or of any college 
or university duly authorized to conter degree s, certifii',ates of 
qualifications shall be given to all persons who successfully pass 
such examination. 

Fourth . It shall elect all teachers from among the candidates 
holding certificates in the order of their merit, as shown by such 
examination, including graduates of normal schools, as shown by 
the averages attained at their final examinations, or from among 
I)erson8 excepted from examination as hereinbefore provided. 

Fifth. All certificates to teachers granted hereafter iShall 
stand good for three years ; upon a second examination at the 
end of three years, certificates of a higher grade shall be juiveu, to 
be good for five years, if the applicant is found competent to 
teach a higher grade school than the one for which the first cer- 
tificate issued. 

Sixth. It shall hold regular monthly meetings on a day fixed 
by it. 

Seventh. It shall declare vacant the position of any of its 
members who shall have failed to perform the duties assigned to 
him, or have absented himself from two successive monthly meet- 
ings of the board without leave, or have b^en guilty of any breach 
of decorum, or of any other act inconsistent wath the dignity of a 
school director' ; and it shall report each vacancy to the body by 
Avhich the delinquent member shall have been previously elected 
or appointed ; it shall be the duiy of the board of directors of 
city schools elected and appointed under the provisions of this 
act to examine and scrutinize persona'ly the accounts of their 
predecessors, ia order to find out if their administration of the 
school funds, committed to their charge for disbursement, has 
been in accordance with law, so that in the future a proper ad- 
ministration of the city school fund may be had. 

Eighth. It may establish, when practicable, evening or night 
schools for the instruction cf such youths as are prevented by 
their daily vocations from receiving instruction during the day. 

Ninth It may establish, when deemed advisalde, one or more 
normal schools or departments for the professional training and 
improvement of candidates for teacheiships, including, in the 
course of instruction and training, lectures in the natural sciences, 
and on the method of teaching and disciplining children, and the 
practical exercise of non-teaching students in model classes 
orgainzed for that purpose by the ifaculty of the institution . To 
graduates of these normal schools or departments, and also to 
proficient students in other city schools of an academic grade, 



36 LAWS OF LOUISIAN^A. 

the board may, in its discretion, award di[)lomas ; and the gradu- 
ates of the normal schools or departments who shall have been 
examined and found proficient in all the branches required to be 
tanght in the public grammar schools, may be deemed preferred 
candidates for vacant positions in the city public schools, and 
the diplomas awarded to such graduates shall be deemed equiva- 
lent to teaching certificates of the highest grade for common 
schools; {)rovided, that the final examinations for graduation 
from said normal schools, and upon whictt diplomas may be 
awarded, shall be conducted in the same manner itnd include the 
same subjects as the public competitive examinations required 
by paragraph three (3) of this section. 

AET. LXV. SERVICES OF CITY BOARD SHALL BE KENDERED 
WITHOUT COMPENSATION. 

Sec. 65. That no school director of the city of New Orleans 
shall receive compensation for his services as a school director. 

ART. LXVI — SUPERINTENDENT OF NEW ORLEANS CITY SCHOOLS, 
HIS DUTIES, AUTHORITY, SALARY. 

Sec. 66. That the said board is authorized to appoint for the 
constant supervision and periodical examination of the public 
schools of the parish of Orleans, a competent and experienced 
educator to be designated as superintedent. He shall aid the 
directors in organizing the schools and in improving the methods 
of instruction therein, in examining candidates for teacherships, 
and in conducting periodical examinations of pupils for promotion 
through the respective grades of the schools, and in maintaining 
general uniformity and discipline in the management of all the 
schools. He shall make semi annual reports on the condition and 
needs of the schools to the said board, and an anuual report on 
or before the first of January to the State Board of Education, as 
hereinbefore required ; and, whenever notified to be presfmt, he 
shall attend meetings of the State Board of Education. The su- 
perintendent shall receive an annual salary of two thousand dollars, 
payable in equal monthly installments, i>ayable on the roll of the 
board of directors of city schools in the same manner and at the 
same time that the employees and expenses of said board of 
directors are paid. He shall hold his office for the term of four 
years, subject to removal by the board for neglect of duty or mal- 
feasance, of which, after an impartial hearing by the board, he 
shall have been adjudged guilty. He shall be ex-officio a member 
of saiil board, and entitled to participate in its deliberations and 
debates, and in the examinations of candidates for teacherships, 
but he shall not cast a vote in the board. 

ART. LXVII.-TREASURER OF NEW ORE BANS- -EX-OFFICIO TREASURER 
OP THE BOARD.-HIS BOND. 

Sec. 67. That the Treasurer of New Orleans shall ex-oflicio be 
the treasurer of said board and shall receive all funds appor^ 



FEEE PUBLIC SCHOOLS. 37 

tioned by the State to sucli city, or received or collected for the 
support of the free public schools from any and all sources. He 
shall give bond, with good and solvent security, iu the sum of 
ten thousand dollar* (110.000) in favor of the president of said 
board and his successors in office, to be accepted and approved 
by said board and recorded in the mortgage office of the parish, 
and which bond shall then be filed and kept on record in the 
office of the said board. The filing of snid bond, and taking and 
filitig tlm usual o ith of office before any officer authorized to ad- 
ministei" the same, shall qualify the treasurer to act. 

ART. LXVIII.-- TREASURER'S OFFJJE, REMOVAL, SDCCES-JOR, SALARY. 

Sec, 08. That said treasurer shall hold his office for four 
years, or during his term of office as City Treasurer, unless sooner 
removed after due trial and hearing by the said board, for neglect 
of duty or malfeasance in office ; and in case of removal by the 
board, it shall elect a treasurer who shall not be a member. He 
shall receive the sunt of six hundred dollars per annum f »r the 
trouble and expenses which may be incurred by him in the dis- 
charge of the duties imposed under this act, payable monthly on 
his own warrant, as hereinbefore provided for the payment of 
the superintendent's salary. He shall keep bis office open at all 
such times as may be prescribed by said board, for the payment 
of pay-rolls or checks in favor of teachers and other employees of 
the board. 

ART. LXIX. — EX-OFFICIO MEMBERS. 

Sec. 09. That the Mayor, Treasurer and Comptroller of the 
city of New Orleans shall be ex-officio members of the said board 
and be entitled to take part in all the debates and deliberations in 
said boa'd on the ways and means for maintaining the public 
schools of said parish, but they shall not have the right to vote 

ART, LXX. — REPORT OF THE BOARD, WHEN AND TO WHOM MADE, 

ITS CONTENTS. 

Sec. 70. That in addition to the duties imposed upon boards 
of school directors, it shall be the duty of said board for the par- 
ish of Orleans to present to the Common Council of the «ity of 
New Orleans, on the first day of December of cacdi year, a full 
report of the condition of the city schools, showing the number of 
teachers and other employees and their salaries ; the dumber and 
location of school houses, with the condition thereof, and the esti- 
mated cost of keeping all appurtenant grounds in good repair 
during the ensuing year; also a detailed exhibit of all receipts 
and expenditures of the board for the schools during the previous 
twelve months 5 said report sball be accompanied with a state- 
ment certified by the officers of the board of the average daily 
tendance of puijils during the annual session, and the average 
expense per capita of their instiuction. 



38 LAWS OF LOmSIAKA. 

ART. LXXI. — BUDGET OF ANNUAL EXPENSES.-WHAT IT 
SHALL INCLUDE. 

Sec. 71. That it sluill be the duty of the Common Council of 
the city of IsTew Orleans, in making up their budget of annual ex- 
penses, to include tlierein the amount necessary to meet the ex- 
penses of the schools, as shown hj the statement of the actual 
attendance, and co^t of instruction required by the preceeding 
section, with such additional allowance for probable increased at- 
tendance and contingent expenses as may seem just and reason- 
cible to the City Council, and to keep in good repair all school 
houses and school grounds belonging to the city; provided, that 
the sum appropriated with the probable receipts from the State 
school fund and poll tax shall not exceed the aggregate amount 
required for the maintenance of the schools during the year, and 
for the keeping m good repair all school houses and school grounds 
belonging to the city, as shown by the statement of the school 
board; and, ))rovided further, thatthe amount to be appropriated 
by said city shall not be less than the sum of two hundred and 
tifty thousand dollars; of said amount so to be appropriated by 
said City Council, not less than the sum of one hundred and seven- 
ty-five thousand dollars shall be i)rovided for in the annual city 
budget of expenditures, and the balance out of the reserve fund 
of twenty i)er cent., constituted by Section (36 of Act No. 20, 
approved June twenty third, eighteen hundred and eighty-two, 
and by Act No. one liundred and nine, of eighteen hundred and 
eigbty-six, and said balance is hereby constituted a first lien and 
claim Hgainst said reserve fund, and shall be paid O'lt of the first 
collection made on account of the siime and by preference over 
all claims whatsoever; provided further, that out of the amount 
so appropriated by Said city, said board of directors shall, in the 
year eighteen hundred and eighty-nine (1889), and annually for 
five years thereafter, appropriate a sum sufficient to extinguish 
at least one-sixth of the unpaid claims against said board for the 
years eighteen hundred and eighty, eighteen hundred and eighty- 
one, eighteen hundred and eighty-two and eighteen hundred 
and eighty-four, so that said claims shall be entirely paid 
by the beginning of 1 he year eighteen hundred and ninety five. 
The board of directors for the paiish of Orleans are hereby au- 
thorized to enforce the provisions of this section by the applica- 
tion to a court of competent jurisdiction, by a writ of mandamus 
or other effective remedy. 

" The City of New Orleans is, in the absence of Constitutional 
provision with reference to the public schools, in so far as relates 
to its budget, not subject to interference on the jDart of the Gen- 
eral Assembly, and cannot be made to set aside the amount men- 
tioned in this section." See case of the School Board of Directors 
vs. the City of New Orleans, 42nd Ann. — 



FEEE PUBLIC SCHOOLS. 39 

ART . LXXII.-PROVISIONS FOR AFFORDING PROPER EVIDENCE 

OF CLAIM. 

Sec. 72. That for the purpose of affording jiroper evidence of 
said claims aforesaid (aud for no other purpose whatsoever), said 
board shall issue certificates of indebtedness to an amount equal 
to the total amount of said claims and maturing in six equal in- 
stalments on thefirstday of January, eighteen hundred and nine- 
ty, eiglitcen hundred and ninety-one, eighteen hundred and ninety- 
two, eighteen hundred and ninety-three, eighteen hundred and 
ninety four and eighteen hundred and ninety-five. 

ART. LXXIII.-RESTRICTIONS ON CONTRACTS AND DEBTS. 

Sec. 73. That the different boards of directors shall not be em 
powered to make contracts or debts for any one year greater 
the an ount of revenue provided for according to this act, it being 
the intent hereof that parties contracting with said board shall 
take heed that due revenue shall have been provided to satisfy 
the claim, otherwise they may lose and forfeit the same, and no 
action or execution shall be allowed in aid thereof, and that the 
board shall not exceed their powers in incurring the debt. 

ART. LXXIV. — APPEAL OF ALL CONFLICTING CLAUSES. 

Sec. 74. That this act shall go into effect from and after its 
passage; and nothing in this act shall be so construe<i as to va- 
cate the office of any teacher until the expiration of the term for 
which he or she shall have been appointed under existing laws, 
nor as requiring such persons now teaching in the public schools 
of the city of New Oileatii- to qualify in accordance with this act, 
or to pass such examinations as are otherwise demanded by par- 
agraph five of section sixty-four, and that all laws in conflict with 
the i)rovisions of this act be, and tlu' same are hereby repealed, 
except acts passed at the present session of the General Assem- 
bly. 



LAWS DATED PEEVIOUS TO GENEEAL ACT No. 81, OP 

THE YEAR 1888, STILL IN FQECE AND AUX- 

ILIARY TO THAT ACT. 



ACT NO. 82, APPEOVED APEIL 9, 1873. 

ART. LXXV. — STATE AND PARISH BOARDS CANNOT BE COM- 
PELLED TO GIVE BOND AND SECURITY IN SUITS. 

Sec 4. In all judicial proceedings where, by law, bond and 
security are required from litigants, the State lioaid of Educa- 
tion shall be dispensed from furnishing bond or security; and in 



40 LAWS OF LOUISIANA.' 

all suits in wMch the State or parish board of education may be 
plaintiff's, defendants, iutervenors, garnishees, or interested in 
any manner whatsoever, it shall be the duty of the court before 
whom such suits aie pending, on the affidavit of the attorney 
rejtresenting the State or parish board of education, if the case 
is one of serious public interest and in which a speedy decision is 
desirable, to set the cause for trial by preference, and all such 
cases may also be lixpd for trial as early as possible on motion or 
X^etition of the attorney of the State or parish board of education. 



ACT NO. 122, OF APEIL 7, 1874. 

ART. LXXYI. — ATTOENEYS MAY BE APPOINTED TO PROTECT 
SCHOOL INTERESTS, 

Sec. 7. The Superintendent of Public Education may appoint 
a person of legal attainments in each school division (r)arish) of 
the State, to examine notes due ^nd other assets arising out of 
])urcha.-e of lands granted to educational purposes; to recover 
lands improperly held and revenues diverted, and generally pro- 
tect the school interests in matters appertaining thereto. He 
(the attorney) shall be paid a commission on moneys recovered, 
not exceeding ten per cent, and on the value of lands and other 
IDroperty recovered, not exceeding five per cent. 



ACT 1808; SEC. 1304, OF REVISED STATUTES. 

ART. LXXYII. — RIGHTS OF FREE PASSAGE OVER STREAMS, ETC. 

The free right of passage or conveyance, over all public ferries, 
bridges and roads (except the ferries of the Mississippi River) 
Avhich are rented out by the State or parish, or over which the 
State or parish exercises any control, or for which license is paid 
or toll exacted, be and is hereby granted to all children on foot 
attending free public schools, aud no tolls or fees shall be de- 
manded or exacted from said children by the keepers or attend- 
ants of said ferries, bridges or roads in their passage to and from 
schools between the hours of 7 o'clock A. m. and 9 o'clock A. m., 
aud four o'clock p. M. and six o'clock P. M. ; provided, that on 
Sundays and holidays no scholar shall have the right to cross 
such ferries, bridges or roads on terms different from those of any 
ordinary passenger. 



ACT 23, APPROVED MARCH 26, 1877. 
SEC. 2 OF ACT 70, APPROVED JULY 1, 1882. 

ART. LXXVIIT. — NEGOTIABLE EVIDENCE OF DEBTS CANNOT BE 

ISSUED. 

Sec. 2. (Extract). "Said board shall have no power to 
issue negotiable evidences of debt." 



FEEE PUBLIC SCHOOLS. 41 

ART. LXXIX. — INDEBTEDNESS OF PARISH SCHOOL BOARDS, 

LIMITED . 

Sec. 5 of Act 23 of 1877. The parish school board shall limit 
the aggregate annual expense of accommodaling and maintaining 
the free public schools of the paritih to the amount of the revenue 
derived from the State, parish and such donations as shall be 
made by public-si)irited citizens for or toward the support 
thereof. 

(Extract). Section 6 of Act 70, of the year 1882. — ISTo school 
of less than ten pupils shall be opened or maintained in any 
locality ; nor shall more than forty pupils be placed in charge of 
any one teacher. 



ACT 96, OF THE YEAR 1877. 

RELATIVE TO THE POLL TAX AND OTHER LAWS 

RESPECTING THE REVENUES FOR SCHOOLS. 

ACT 9G, APPROVED APRIL 20, 1877. 

ART. LXXX. — ASSESSOR. — ANNUAL ENUMERATION OF YOUTHS. 

Sec. 40. It is the duty of the assessors (Orleans excepted^, on 
or before the 10th day of November, 1877, and every two years 
thereafter, to make an accurate enumeration of all the youths of 
their respective parishes between the ages of six and twenty-one 
years, designating distinctly the number of each sex between 
those ages in each of the school districts or wards into which the 
parish may be divided ; the assessor shall make out duplicate lists 
of the enumeration so made, and deliver one to the president of 
the board of school directors and the other he shall immediately 
transmit to the State Superintendent of Public Education. 

The assessor sliall make an accurate enumeration of the white 
children between six and eighteen years and of the colored chil- 
dren between six and eighteen years . Act 85 of the year 1888, 
Sec. 16. 



ACT 81, APPROVED JULY 12, 1888. 

ART. LXXXI. — PARISH SUPERINTENDENT'S DUTY RESPECTINa 



ENUMERATION OF YOUTHS. 



Sec. 29. Makes it the duty of each parish superintendent, on 
or before the 10th day of January of each year, to furnish the 
State Superintendent a report showing the number of children 
"Detween six and eighteen years residing in the parish, and the 
whole number residing in each district designated by its number. 



* 



42 LAWS OF LOUISIANA. 

LAWS RELATIVE TO RAISING REVENUE FOR THE 

MAINTENANCE OF THE FREE PUBLIC 

SCHOOLS. 

ART. LXXXII.— POLL TAX. 

The General Assembly shall levy an annual poll tax for the 
maiutenauce of public schools upon every male inhabitant in the 
State over the age of twenty one years, which shall never be less 
than one dollar nor exceed one dollar and a half p^r capita — and 
the Genaral Assembly shall pass laws to enforce payment of the 
said tax. Constitution 208. 

The poll tax list rendered by the Assessor to (he Parish School 
Board, should constitute the basis for settlement between the 
Sheriff and the School Board. [ A ct No. 89, of 1888.] 

The Sheriff should account for full amount of Poll Tax roll; and 
has the right to credits as follow.^, and no other, to-wit: 

Poll taxes collected and paid to proper officer, poll taxes col- 
lected by ch-rk of court, poll taxes of non-residents aud those 
from whom it is not possible to collect, with due diligence. 

Quarteily settlements are due by the Tax Collector, also an an- 
nual statement. [Sections 5 and 6 of Act No, 120, of 1880.] 

DELAYS SHOULD NOT BE GRANTED 

The school authorities in the parishes are without authority to 
grant delays to the Tax Collectors. [31 Ann., 423.] 

The i)Owers granted to collect poll taxes are exceptional. 

"That the said poll tax shall operate as a first privilege and 
" lien ou all the real and personal propeity, of whatever kind, 
" which may be owned by and to which the said tax-payer may 
" have any right for the year he may owe the tax. [Section ^o. 
2, Act No. 120, 1880.] 

The third Section was repealed Vide Act 61, of 1882. 

collector's BOOK — RESPECTING THE POLL TAX. 

^' That the collector ,of the poll tax shall keep a book in which 
" he shall enter the tax as paid. He shall, in said book, give the 
" name of the party paying or for wiiom ilie tax is paid, the date 
'< of the i3ayment and by whom paid, and the amount paid, which 
" entry shall be made when the paymeiit is made, or within three 
" days, and all payments shall be entered in the b'^oks prior to 
" settlement — on making settlements the collector shall by his 
" affidavit establish comi)liance." [Section 4, Act 120, of 1880.] 

Quietus can be given only by the School Boards, in so far as 
relates to the poll tax. 

RULE TO SHOW CAUSE. 

The sheriff can be mnde to show cause why the poll tax has 
not been collected. The rule can be heard at chambers after 
three days' service. [Act 89, of 1888.] 



FREE PUBLIC SCHOOLS. 43 

ACT 120, APPEOVED APRIL 10, 1880. 

AKT. LXXXIII.— LIMIT OF POLL TAX. 

From eacli inhabitant over the age of twenty-one years, not 
attached to the aiiuy or navy of the United States, there shall 
be collected annually the sum of one dollar as poll tax. R. S. 
1325. 

ACT 89, APPROVED JULY 12, 1888. 
REQUIRmG THE ASSESSORS TO REi^DER A SCHE- 
DULE LIST BY WARDS AND REQUIRING 
THE SHERIFF TO COLLECT SAID LIST 
OR TO SHOW CAUSE WHY 
NOT COLLECTED. 

ART. LXXXIV. — COLT EOTION OF THE POLL TAX. 

Sec. 1. The assessors are required to render to the school 
boards of their respective parishes, annually, by the iirst Satur- 
day of October, a complete schedide list, by wards, of all persons 
liable to pay a poll tax in their respective parishes. If any as- 
sessor fails to comply with the requirement of this act, the fail- 
ure shall be cause for removal ; besides, he shall be subject to a 
fine of $250, for the benefit of the public schools in the parish in 
which the deliuqnent officer resides, and in which he is the as- 
sessor. In the city of New Orleans the board of assessors shall 
comply with the requirement of this act, aiul in the event of 
failure, shall be subject to dismissal and penalty as before pro- 
vided. 

ART. LXXXV.-RETURN OF COLLECTIONS TO BE MADE BY THE 
SHERIFFS AND TAX COLLECTORS. 

Sec. 2- That the sheriffs nnd tax collectors in their respective 
parishes shall return, by the first Saturday of February, of each 
and every year, to the school boards of their resj)ective parishes, 
a list predicated upon the list before mentioned hy wards, show- 
ing all persons in the parishes respectively, who have paid their 
poll tax, as well as persons who have not paid the same, and shall 
return their reasons in writing and under oath, the cause in each 
instance of the non-payment of a poll tax, and why they have not 
collected the tax not collected. 

ART. LXXXVI. -PENALTIES. 

Sec. 3. If the said sheriff or tax collector fails to show cause 
why the said poll tax has not been collected, he shall be respon- 
sible for and shall pay the poll taxes he has failed to collect, 
and shall be hehl liable with his securities on his official bond 
for the payment of said tax. 



U LA.WS OF LOUISIANA. 

AET. LXXXVII.--BULE TO SHOW CAUSE OF NOX-COMPLIANCE. 

Sec. 4. That the sheriff can be made to show cause why the 
said poll tax has not been collected, at chambers, before the dis- 
trict judge, after service of rule and tliree days have elapsed 
after service. 



ACT 87, APPEOVED JULY 8, 1886. 

KECEIPT FOE POLL TAX EEQUIEED. 

AK ACT TO PEOYIDE FOE THE BETTEE AND MOEE 

SPEEDY COLLECTION OF THE POLL TAX. 

ART. LXXXVIII.--RECEIPT EEQUIEED. 

Sec. 1. Before persons serving as jurors or as witnesses in 
criminal cases shall receive the compensation to which they are 
entitled for their mileage and per diem, they shall exhibit to the 
clerk of the court a receipt for the poll tax or taxes due by them. 

ART. LXXXIX— TAX (POLL) TO HE DEDUCTED IF RECEIPT BE NOT 

PRODUCED. 

Sec. 3. On their failure to jiroduce such receipt the clerk of 
the court, or other officer, issuing certificates or warrants for 
their mileage and per diem, shall.issue certificates or warrants for 
amount less the poll tax due, and shall issue the certificate or 
warrants for amount so reserved for poll tax, to the treasurer of 
the school board of the parish, who shall collect same. 

ART. XC.-REPORT TO BE MADE BY THE CLERK OF COURT OR OTHER 

OFFICER. 

Sec. 3. The clerk of court or other officer, issuing such cer- 
tificates or warrants, shall report to the tax collector of the 
parish the names of all persons from whom he has reserved 
amounts for poll tax, and the tax collector shall give such person 
credit for such poll tax. 

ART. XCI. — REVENUES FROM LOCAL TAXATION. 

In addition, the revenue system adopted, provides for local 
taxation- Vide Sec. 54, of Act 81, of 1888. 



ART. XCII. — GENERAL REVENUE ACT. 

THE GENEEAL EEYENUE ACT No. 85 APPEOVED 

JULY 12, 1888, PEOVIDES. 

Sec. 89. (Third paragraph.) One and one-eighth mills public 
education tax for the purpose : 



FUBE PUBLIC SCHOOLS. 45 

1st. To pay the interest on the free school fuud, under Article 
233 of the Constitution. 

2nd. To pay the interest on the seminary fund ander the sec- 
ond clause of said article 

3rd. To pay the interest on the Mechanical and Agricultural 
College fuud, under the 3rd clause of said article of the Consti- 
tution. 

The remainder of said public education tax shall be applied to 
the establishment, maintenance and support of the free public 
schools throughout the State. Articles 224, to 233 inclusive of 
the State Constitution. 

Total valuation of property in the State subject to valuation is 
$226,392 17 for 1889, Auditor's report for 1889. The H mills 
calculated on this amount will amount to considerably less than 
the three hundred thousand dollars appropriated. 



ACT 124, APPEOVED JULY 6, 1882. 
TO PERMIT DO^ATION^S MORTIS CAUSA AND INTER 
VIVOS TO BE MADE. 

ART. XCIII. — DONATIONS FOR EDUCATIONAL, CHARITABLE OR 



LITERARY PURPOSES. 



An act to jjerrait donations mortis causa or inter vivos to be 
made to trustees for educational, charitable or literary purposes, 
orfor the benetit of educational, literary or charitable institutions, 
already existing or to be founded ; providing that such trustees 
shall constitute a body corporate, and the manner of their incor- 
poration ; regulating the powers, duties and action of such trus- 
tees and exempting all donations made for the purposes aud in 
the manner provided in this act, fi om the provisions of the laws 
of the State relative to substitution, trusts and fidei comniisso} ; 
provided, that nothing shall be considered as affecting the law 
relative to the disposable portion. 

ART. XCIV. DONORS. 

Sec. 1. Any one can make a donation of any description ot 
property and to any amount to trustees for educational, charitable 
or literary purpose^, or for the benefit of educational, charitable 
or literary institutions whether already existing, or thereafter 
to be founded. 

ART . XCV.-CONDITIONS THE DONOR CAN IMPOSE . 

Sec. 2. The donor shall have the right toprescribe the number 
of trustees; the causes for which the trustees shall cease to" be 
such ; the manner in which vacancies shall be filled and the 
manner aud formalities t£ie trustees shall follow in transact- 
ing business. 



46 LAWS OF LOUISIAIlTA. 

ART. XCVI. — PROPERTY CANNOT BE MADE INALIENABLE. 

Sec. 3. The donor shall hnve the right to prescribe the man- 
ner in which the property doujited shall be administered, and 
the objects to which it or any part thereof, or the revenues 
thereof, shall be •ai)i)lie<l; i^rovided, however, that property do- 
nated cannot be made inalienable; bnt the donor thereof shall 
have the right to prescribe in what manner and unrler what cir- 
cumstances the trustees shall be empowered to sell the same, or 
any portion thereof, or to change any investment once made. 

ART. XCVII.— TRUSTEES TO ORGANIZE IN A BODY CORPORATE. 

Sec. 4. That the trustees named in the act of donation and 
their successors or substitutes, or such of them as are willing 
and may accept the trust, shall, upon complying with the laws 
of this State, relative to the organization of corporations for lit- 
erary, scientific, religious and charitable purposes, constitute a 
body corporate with the power of continuous succession and un- 
limited duration, and with all the powers conferred upon corpo- 
rations by said law or by custom, provided, however, that the re- 
quirement of said law, as to the number of persons necessary for 
the formation of a corporation, shall not apply to such trustees; 
and provided farther, that if any of the trustees will not or can 
not accept the trust, then such of those named as are willing, 
may accept, and, in the mauner prescribed in the act of dona- 
tion, proceed to till the vacancies up to the required number. 

ART. XCVIII. — GOVERNOR MAY, WHENEVER THERE IS A FAIL- 
URE ON THE PART OF TRUSTEES TO ACCEPT, 
APPOINT OTHERS. 

Sec. 5. That whenever there is an entire failure of the trus- 
trees to accept, the Governor of the State may name a number 
of persons equal to the number named by the donor, and who 
shall fill the places of, and be vested with all the powers con- 
ferred upon the trustees by said donor. 

ART. XCIX.— DUTY OF THE TRUSTEES. 

Sec. 6. The board of trustees shall administer the property 
entrusted to tbem in confotmity wiih the directions contained in 
the act of donation, and shall have all the powers needed in such 
administration; but cannot mortgage nor encumber the donated 
properly, except as may be prescribed in the act of donation. 
And said trustees shall not be entitled to any remuneration for 
their services, urrless expressly granted in the act of donation. 

ART. C. — DUTY OF THE TRUSTEES RESPECTING OTHER 
DONATIONS. 

Sec. 7. Said board of trustees shall have the power to accept 
and administer other donations mortis causa or inter vivos from 



FREE PUBLIC SCHOOLS. 47 

the same or other, and to apply the same as m-riy be presmbed 
in the subsequent act of donation The adMiinistration of sueh 
subsequent act of (b)nHiioiis, to be jj^overned by the directions 
contained in the subsequent act of donation. 

ART. CI — FIDE I COMMISSI. 

Sec. 8. The provisions contained in the Revised Civil Code, 
or other laws of the State relative to substituiions^rlei commissce 
or trust dispositions, shall not be deemed to apply to, or in any 
manner aft'ect donations made for the purposes and in the man- 
ner provided by this act, and tdl laws or |)aits of laws conflicting 
with the provisions of this act, are repealed in so far as regards 
the purposes of this act, but not otherwise . 



LAWS OF THE UNITED STATES RELATIVE TO 

DONATIONS MADE BY THE U. S. 

GOVERNMENT. 

UNITED STATES STATUTES AT LARGE, VOL. 4, 
CHAPTER LXXXIII, PAGE 179. 

ART CII.— FREE SCHOOLS. — DONATION. 

Sec. 1. There was allowed to Louisiana and other States, 
over what each State was entitled to by the terms of the com- 
pact entered into, between them and the United States, upon 
their admission into the Union ; ten per cent of the net proceeds 
of the sales of the [)ublic lauds then after to be made within the 
limits of each State respectively. 

ART. cm. — DONATION ACCORDING TO FEDERAL 
REPRESENTATION. 

Sec. 2. After the deduction of the ten per cent., and the 
salaries and expenses of the general land office, expenses for sur- 
veying public lands, salaries of the registers and receivers and 
expenses of their offices: the 5% to new States of all the public 
lands ol the United States, wherever situated which were sold 
subsequent to the 3lst of December, 1841; the remainder shall be 
divided among the twei!ty six States of the Unioir according to 
their respective federal representative population as ascertained 
by the last census, to be applied by the legislatui^e of the said 
States to such purposes as the legislature may direct. 

ART. CIV. — ACT OF THE CONGRESS OF THE UNITED STATES, 

APPROVED FEBRUARY 15, 1843. — STATUTES AT 

LARGE, VOL. 5, PAGE 600. 

Sec, 1. Authorized the sale of lauds previously reserved and 



48 LAWS OF LOUISIANA. 

appropriated by Congress for the use of schools, within the State 
of Louisiana, also to invest the money arising from the sales 
thereof in some productive fund, th^t the proceeds are to be ap- 
plied under the direction of the legislature to the support of 
schools within the several townships and district of country for 
which they were originally reserved, and for no other purF)ose. 
They are to be sold with the consent of the inhabitants of the 
township or district in the manner directed by the legislature, 
and in the appoitionraent of the proceeds each township and dis- 
trict is entitled to the sum or sums and no more, arising from the 
sale of the school lands of -such township or district. 

ABT, CV. — LEASE OF LAND. 

Sec. 2. The legislature is antharized to protect these lands 
from injury and waste and to lease same, (if not deemed expe- 
dient to sell them) for any term not exceeding four years. 

ART. CVI. — PUNDS CAN EE INVESTED BY LEGISLATIVE 
AUTHORITY. 

Sec. 3. Investment of the funds accruing to any township or 
district authorized in certain contingency. 

ART. CVII. — STATE, A TRUSTEE. 

Note. The State is a trustee of these lands or of the proceeds of their 
sale for the use of the inhabitants of the township in Avhich they are lo- 
cated — vide, Board of School Directors vd. Ober. 32 A. 419. 



EDUCATIONAL LAND GEANTS BY THE UNITED 

STATES TO LOUISIANA AND OTHER 

STATES TO JUNE 30, 1880. 



GRANTS AND RESERVATIONS. 

The lands granted in the States and reserved in the Territories 
for educational purjDoses by acts of Congress from 1785 to June 
30, 1880, were— 

FOR PUBLIC OR COMMON SCHOOLS. 

Every sixteenth section of public land in the States admitted 
prior to 1848, and every sixteenth and thirty-sixth section of such 
land in States and Territories siuce organized — estimated at 67,- 
893,919 acres. 

FOR SEMINARIES OR UNIVERSITIES. 

The quantity of two townships, or 40,080 acres, in each State 
or Territory conlaining public land, and, in some instances, a 
greater quantity, for the support ot seminaries or schools of a 
higher grade — estimated at 1,165,520 acres. 



FEEB PUBLIC SCHOOLS. 49 

FOR AGrRICULTURAL AND MECHANICAL COLLEGES. 

The grant to all the States for agricultural and mechanical 
colleges, by act of July 2, 1802, and its supplements, of 30,000 
acres, for each Kepresentative and Senator in Congress to which 
the State was entitled, of land '' in place " where the State con- 
tained a snflicient quantity of public laud subject to sale at or- 
dinary private eutry at the rate of $1.25 per acre, and of scrip 
representing an equal number of acres where the St^te did not 
contain such description of land, the scrip to be sold by the State 
and located by its assignees on any such laud in other states 
and Territories, subject to certain restrictions. Land in place, 
.1,770,000 acres; land scrip, 7.830,000; total, 9,6 )0,000 acres. 

In all, 78,659,439 acres for educational purposes under the 
heads above set out to June 30, 1880. 

The lands thus ceded to the several States were disposed of or 
are held for disposition, and the proceeds used as permanent en- 
dowments for common school funds. [See Reports of the Com- 
missioner of Education, Hon. John Eaton, to June 30, 1880; land 
and auditor's reports of the several land States; Kiddle & 
Schem's Dictionary of Education; and also ninth census, E. A. 
Walker, Superintendent, for details of endowments of the several 
States for common schools resulting from the sales of United 
States land grants for education]. As an illustration, tbe State 
of Ohio has a permanent endow^ment for education, called the 
" Irreducible State Debt," the result of sale of all granted lands 
for education, of $4,289,718 52. 

EARLY EDUCATIONAL INTEREST. 

The importance attached to education by the founders of the 
Kepublic is shown by the provisions they made for its permanent 
endowment. Indeed, in the earliest settlements on this continent 
of the Anglo- Americ ms, measures were adopted in the cause of 
education, not only as essential to morals, social order, and indi- 
vidual happiness, but as necessary to new aiul liberal institu- 
tions. Every emigrant ship had its school-master on board, each 
settlement erected its school-house, and the cultivation of the 
mind advanced with the culture of the soil from the landing of 
the MayHower through our colonial history. 

Prior to the revolution, in the different colonies the subject of 
pbpular education had attracted attention, and provision had 
been made for its practical realization. The theory of general 
education found no basis in the aristocratic constitution of the 
mother country, while in the colonies themselves were to be 
found inhuences decidedly hostile to it. The itijustice and per- 
secution, however, w^hich had caused the immigration to this 
country, especially to the northern colonies, wonderfully neutral- 
ized the religious and political prejudices of the pilgrims, and 
prepared them to accept do'^/trines of very opi)osite tendency. 
The comparative feebleness of aristocratic [)restige in the forests 
of the New World permitted the development of independent 



50 LAWS OF LOUISIANA. 

inaiihood. The establishment of democracy was followed by the 
natural development of its principles, especially in the direction 
of popular e<lncation. 

After the erection of tlie States into an independent republic, 
and before the adoption of the constitution, the Oontinental Con- 
gress, by the ordinance of the 20th of May, 1785, respecting the 
disposition of lands in the Western Territory, prepared the way 
for the advance of settlements and education as contempo- 
raneous interests. 

THE FIRST RESERVATION FOR SCHOOL PURPOSES — THE SIX- 
TEENTH SECTION. 

Mr. Jefferson, Mr. Dane, Mr. Madison, and other statesmen of 
that day assumed, without question, that a government, as the 
organ of society, enjoys the right, and is vested with the power, 
to meet the necessity of public educatian. So the question of en- 
<lowment of educational institutions by the G-overnment in aid of 
the cause of educatiou s<^ems to have met no serious 6pposition 
in the Congress of the Contederation, and no member-raised bis 
voice against this vital and essential provision relating to it in 
the ordinance of May 20th, 1785, '^ for ascertaining the mode of 
disposing of lands in the Western Territory." This provided : 
" There shall he reserv^ed the lot IS'o. 16 of every township for the 
maintenance of public schools within said township." 

This was a i endowment of 640 acres of land [one section of 
land one mile square] m a township 6 miles square, for the stip- 
port and maintenance of public schools " within said township." 
The manner of establishment of public schools thereunder, and by 
whom, was not mentioned. It was a reservation by the United 
States, and advanced and established a principle which finally 
dedicated one thirty-sixth part of all public lands of the United 
States, with certain exception as to mineral, etc., to the cause of 
education by public schools. 

July 23, 1787, in the report from a committee consisting of 
Messrs. Carrington, Kinm, Dane, Madison and Benson, reporting 
an ordinance of ^' Powers to the Board of Treasury " to contract 
for the sale of western territory in the Continental Congress, it 
was ordered ''That the lot JSo. 16 in each township, or fractional 
part of a township, to be given perpetually for the purpose con- 
tained in said ordinance " [the ordinance of May 20, 1785, above 
referred toj. This additional legislation made the reservation of 
the sixteenth section peri)etual. 

In the Continental Congress, July 13, 1787, according to order, 
the ordinance for the government of the "Territory of the United 
States northwest of the river Ohio " came on, was read a third 
time, and passed. It contained the following : 

Art. 3. Eeligion, morality, and knowledge being necessary to 
good government, and the happiness of mankind, schools and the 
means of education shall forever be encouraged. 

The provision of the ordinance of May 20, 1785, relating to the 



FREE PUBLIC SCHOOLS. 51 

reservation of the sixteenth section in every township of public 
laud, was the inception of the i)res<'nt rule of reservation of cer- 
tain sections of land for scliool purposes. 

The endowment w^as the subject of much legislation in the 
years following. The question was r<iist'd that there was no 
reason why the United States should not organize, control and 
manage these public schools so endowed. The reservation of 
lands was made by surveyors and dnly returned. 

This policv at once met with enthusiastic approval from the 
public, and was tacitly incorporated into the Ameriearr system as 
oire of its fundamental organic ideas. Whether the public schools 
thus endowed by the United States were to be Natiotral or State 
control remained a question, aud the lauds were held in reserva- 
tion merely, until after the admission of the State of Ohio, in 1802. 

The movement in the cause of education was uot coufirred to 
the legislative department, for at any early period the public 
mind was aroused to an importance of the subject by elaborate 
papers emanating from eminent men, among whom stands con- 
spicuous Dr B'rrjamin Rush, one of the signers of the Declaration 
of Independence, who in 1786 memorialized the legislature of 
Pennsylvania in favor of a thorough system of popular instruc- 
tion, maintaining that it was favorable to liberty, as freedom 
could only exist in the society of knoAvledge ; that it favors just 
ideas of law and government; that it fosters agriolture, the ba- 
sis of national wealth; that manufactures of all kinds owe their 
perfection chiefly to learning; that its beneficial influence is thus 
made co-extensive with the entire scope of man's being, mortal 
and immortal, iudividual and social. At a later period, 1790, the 
same great man addressed a Congressional represerrtative from 
Pennsylvania, declaring that ''the attempts to perpetuate our ex- 
istence as a free people by establishing the mearrs of national 
credit and defense" are "feeble bulwarks against slavery com- 
pared with the habits of labor and vir.'ue disseminated among 
our i3eo|de;'' adding, " Let us establish schools for that purpose 
in every towrrship in the United States, and conform them to 
reassou, humanity, and the state of society in America," aud then 
will " the generatiotrs which are to follow us realize the precious 
ideas of the dignity and excellence of republican forms of gov- 
ernment.'' 

RESERVATION OF THE THIRTY SIXTH SECTION IN ADDITION TO 

THE SIXTEENTH. 

The reservation of a section, or one mile square, of 640 acres, 
in each township, for the support of public schools, was specially 
provided for in the organization of each new State and Territory 
up to the tim«^ of the organization of Oregon Territory. 

April 30, 1802, Congress, in the act authorizing the formation 
of a Stite governmerrt in the eastertr portion of the iSTorthwe-.tern 
Territory (Ohio), enacted the followirig three propositions, which 
were offered for the acceptance or rejection of the conventicm to 



52 LAWS OP LOUISIANA. 

form the constitution of Ohio. (Up to this time no transfer by 
the United States or title or control of the sixteenth isection of 
reserved scbool lands had taken place). 

By Section 7. 

First. That the section number sixteen in every township, 
and where such section has been sold, granted or dis|)osed, or 
other lands equivalent thereto and most contiguous to the same, 
shall be granted to the inhabitants of such townships for the use 
of schools. 

The second was a saline reservation; and the third related to a 
moiety of the: net proceeds of the sale of public lands, for the 
laying out of roads, etc. 

The three conditions above set out were in consideration of the 
non-taxation of the public domain, for a period after sale about 
which there was serious discussion as to who should tax, or 
whether it should be taxed at; all. prior to or after purchase. The 
non-taxation compensation was that no tax on the land sold by 
the United States, shouhi be laid by the authority of the States, 
county or townships therein for the term of five years after the 
date of sale. The, object of this stipulation was to prevent any 
person from obtaining a tax title under the authority oi the State 
before the United States had received the full amount of the pur- 
chase money. Lauds were then sold on credit by the United 
States of one, two, three, four and five years, at two dollars per 
acre. The people of Ohio complied with the above stipulations, 
November 29, 1802, and were admitted into the Union. , 

The act of Congress of March 3, 1803, in addition to the above 
act of April 30, J802, provided-- 

That the following several tracts of land in the State of Ohio 
be, and the same are hereby, appropriated for the use of schools 
in that State, and shall together with all the tracts of laud here- 
tofore appropriated for that purpose, be vested in the legislature 
of that State, in trust for the use aforesaid, and for no other use, 
intent, or purpose whatever. 

Thus Congress transferred the reserved school lands, section 
10 in each townshij), and provided an indemnity for §uch sec- 
tions as had already been sold or taken i)rior to survey of the 
State of Ohio, in trust for the United States, and the people of 
the Sate for schools. Prior to this, laws were silent as to how 
the proceeds of these reserved lauds were to be applied, or by 
whom. 

Congress thus made the State its trustee. Compacts between 
the United States on the a Imission of th;i States of Indiana, Illi- 
nois and Loiiisiana, and all the States admitted into the Union 
prior to 1820, also contained the jirovisions above set out. 

THE SIXTEENTH SECTION. 

To each organized Territory, after 1803, was and now is reser- 
ved the sixteenth section (until afier the Oregon Territory act 
reserved the thirty sixth as well) for school purposes, which re- 
servation is carried into grant and confirmation by the terms of 



FEEE PUBLIC SCHOOLS. 53 

the act of admission of the Territory or State into the UQion, the 
State then becoming a trustee for school purposes. 

These grants of land were made from the public domain, and 
to States only which were linown as public-land States. Twelve 
States from March 3, 1803, known as public-land States, received 
the allowance of the sixteenth section to August 17, 1848. (See 
table, page 228 . ) 

THE THIRTY SIXTH SECTION. 

In the act for the organization of the Territory of Oregon, 
August 14, 1848, Senator Stephen A. Douglas inserted an addi- 
tional grant for school purposes of the thirty-sixth section in 
each township, with indemnity for all public-land States there- 
after to be admitted, making the reservation for school purposes 
the sixteenth and thirty-sixth sections, of 1,280 acres in each 
township, of six miles square reserved in public-land States and 
Territories, and confirmed by grant in terms in the act of admis- 
sion of such State or Territory into the Union. 

From March 13, 1853, to June 30, 1880, seven States have been 
admitted into the Union having a grant of the sixteenth and 
thirty- sixth sections, and the same area has been reserved in 
eight Territories. 

UNIVERSITIES. 

July 23, 1787, Congress, in the "Powers to the Board of Treas- 
ury to contract for the sale of Western Territory," ordered — 

That not more than two complete townships be given perpetu- 
ally for the purpose of an univerfsity, to be laid off by the pur- 
chaser or purchasers as near the centre as may be, so that the 
same shall be of good land, to be applied to the intended object 
by the legislature of the State. 

This related to lands now in the State of Ohio, in the 
Symmes and Ohio Company [iurchases. They inaugurated the 
present method of taking from the public lands, for the support 
of seminaries of schools of a higher grade, the quar)tity of two 
townships at Itji^st, and in some instances more, to each of the 
States containing public lands, and si)ecial grants have also been 
made to private enterprises. 

In the legislation relating to the admission of the public-land 
States into the Union, from the admission of Ohio in 1802 to the 
admission in 1876, grants of two townships of public-lands, viz, 
46,080 acres each, for university purposes are enumerated. Ohio, 
Florida, Wisconsin and Minnesota are the exceptions, each having 
more than two townships in area. I^ineteen States have had the 
benefit of this provision, and the two townships are reserved in 
the Territories of Washington, New Mexico and Utah. These 
will be granted and confirmed to them upon their admission into 
the Union. These reservations in each case require a sjtecial act. 
All school, university or agricultural college lands granted are 
sold by the legislature of the several States, or leased, and the 
proceeds of sale or lease applied to education. 



54 LAWS OF LOUISIAKA. 

MANNER OF SELECTING SCHOOL LANDS. 

As soon as the runniog' the lines of the public surveys, in 
school sections "in place" 16 and 36 are fixed and determined, 
the appropriation thereof for the educational object is, under the 
law, complete, and lists are made out and patents issued to the 
States therefor. 

When sections 16 and 36 are found to be covered with prior 
adverse rights, such as legal occupancy and settlement by indi- 
viduals under settlement laws, prior to survey of the lauds, or 
deficient in area, because of fi actional character of the town- 
ships, or from other causes, selections for indemnity are made. 

INDEMNITY SELECTIONS. 

Selections from other public lands as indemnity for deflciences 
in sections 16 and 36 and fractional townships under acts of May 
20, 1826, and February 26, 1859, are made by agents appointed 
by the respective States, which selections are filed in the local 
offices of the district in which the land is situated, and if found 
to be correct, are certified to the General Land Office by the reg- 
ister of the local office where filed. If, upon examination by the 
Commissioner, the same are found to inure to tlie State, a list is 
made out and certified to the Secretary of the Interior for his ap- 
I)roval. When approved, a certified copy of the same is trans- 
mitted to the Governor of the State it) which the selections are 
made, and a copy thereof transmitted to the local office from 
which the selections are received, to be placed on file, and the 
approvals to be noted on its records. 

By tbe approval of the Secretary, the fee is passed to the State. 
[See section 2449, Ee vised Statutes.] 

The same course is pursued in making selections under the 
grants for internal improvements and agricultural colleges. 

ACREAGE OF SIXTEENTH AND THIETY-SIXTH SECTIONS. 

The following statement shows the number of acres [esti- 
mated] to be embraced in the grant of Section^l6 in Louisiana 
for school purposes. Donaldson's Public Domain, pp. 223, 228. 

STATEMENT OF THE GRANTS TO LOUISIANA FOR SCHOOL 
PURPOSES. 

Louisiana, 786,044 acres, April 21, 1806; February 15, 1843. 
This historical data is correct to December 1st, 1883; also the 
statement of lands donated to Louisiana for schools. 



ACT NO. 321 APPROVED MAECH 15, 1855. SEO. 31. 
ART. CVIII. — FREE SCHOOL FUND. 

The proceeds from the sale of lands donated by the United 
States to this State for the use and support of schools, except 



FREE PTJBLIC SCHOOLS. 55 

proceeds from the sale of the 16th Section in the vaiious town- 
ships ot the State specially donated by Congress to the schools 
in the respective townships, and the proceeds of all lands to the 
State after the 15th of March. 1855, and not specially granted for 
purposes other than for the public schools, which may hereafter 
be disposed of by the State, and the ten per cent net proceeds of 
the estate of deceased persons to which the State has or may be- 
come entitled by law, sha]l be held by the State as a loan and 
shall be and remain a perpetual fund to be called the Free School 
Fund, on which the State shall pay an annual interest of six per 
cent., which interest, together with the interest of the trust fund 
deposited with this State by the United States, under the act of 
Congress approved the 2.3d of June, 1836,with the rents of all un- 
sold lands, exceiDt that of the 16th Section, shall be appropriated 
for the support of public schools in this State j and donations of 
all kinds which shall be made for the support of schools and 
such other means as the legislature may from tinje to time set 
apart for school iDurposes, shall torm part of the fund, and shall 
be also a loan on which the State shall pay an interest of six per 
cent ])er annum. 

The Treasurer of the State is ordered to apply annually and to 
receive from the general government the said ten per cent of 
moneys now due and to become due to this State and to place 
the same when received to the credit of the proper fund, and to 
report thereon at each session of the General Assembly, 



ACT 182, APPROVED MARCH 19, 1857. 

ART. CIX. — PEKPETUAL AND TRUST FUND TO BEAR SIX PER 
CENT INTEREST PER ANNUM. 

Sec. 1 of said act made it the duty of the Auditor and the 
State Treasurer, under the direction of the Grovernor, to ascer- 
tain the amount due by the State, on the 1st of July, 1857. 

ART. ex. — BONDS. 

Sec. 2. Bonds were issued payable in forty years, bearing six 
per cent interest j?er annum for the amount asitertained to be due 
to the Free School Fund and the Seminary Fund. 

ART. CXI.— INTEREST. 

Sec. 3. The said interest was to be paid /rom the general fund, 

ART. CXII. — ACCUMULATIONS AND REINVESTMENTS. 

Sec. 4. The 183 bonds remaining in the redemption of the 
State Debt Fund, after the withdrawal of the 78 bonds, for the 
payment of which said fund was partially created, as appeared 
by the account of said debt on the 1st of January, 1857, together 
with the annual accumulations and re iuvestmeuts, shall remain 



56 LAWS OF LOUISIAKA. 

as a special trust fund whicli sliall never be used for any other 
purpose than that for which it was and is pledged. 

ART. CXIII. — RENT OF IfiTH SECTION TO EE PAID TO PARISH 

TREASURERS . 

Sec. 10 of ^ct 182, of the year 1857, provides that the rents of 
the 16th Section shall not be paid in the State Treasury, but shall 
be paid to the Parish Treasurer, and shall be subject to the orders 
of the school directors of the district. 

ART. CXIV.— TRUST FUND. 

Sec. 13 of this act, indeed, all laws provide for a perpetual and 
sacred Fund, and the interest fixed upon the capital was six per 
cent. 

The proceeds of all lands heretofore granted by the United 
States for the use and support of free schools and of all other 
property, shall be and remain a perpetual fund on which the 
State shall pay an annual interest of six per cent * * * and 
this approijriation shall remain inviolable. Constitution of 1868, 
Art. 139. 



ACT NO. 81, APPEOVED MAY 25, 1872. 

ART. GXV. — ABOLISHMENT OF THE SCHOOL FUND. 

Sec. 3 of said act reads : The fund in the State Treasury crea- 
ted by act No. 182, approved March 19, 1857, known as the free 
school fund, be and the same is hereby abolished, and in lieu 
thereof it is hereby made the duty of the auditor of public ac- 
counts to ascertain annually the aggregate amount which would 
be due the several parishes from the tree school iund, if it were 
retained in the form in which it was prior to the passage of this 
Act, and to levy and collect a special tax to provide for the pay- 
ment of the same to the several parishes when due, the same as 
if the free school fund had not been abolished. All moneys, 
bonds, and other assets belonging to said free school fund, in the 
State Treasury at the time this Act goes into effect, shall be 
transferred ly the State Treasurer to the credit of the special 
fund created in the second section of this Act. 

NoTA. — This was an act of ontrageous spoliation and was denounced as 
such by the Supreme Court. Sun Mutual Ins. Co. vs. Board of Liquidation. 
31 Ann. 175. 

Act 81 violates the faith and solemn pledges of the State and the ob- 
ligation is one the State is not at liberty to abolish. Ex rel. Durant. 
29 Ann. 77. 



FEEE PTJBLTC SCHOOLS. 57 

COiTSTlTUTION OF THE YEAR 1879. 

ART. CXVI — FREE SCHOOL FUND, SEMINARY FUND AND 
AGRICLUTURAL AND MECHANICAL COLLEGE FUND, 

Tlie debt due by the State to the free school fund is hereby de- 
clared to be the sum of oue roillion, one hundred and thirty 
thousand, eight hundred and sixty- seven dollars and fifty- oue 
cents in principal, and shall be placed on the books of the Audi- 
tor and Treasurer to the credit of the several townships entitled 
to the same; the said principal being the proceeds of the sales of 
lands heretofore granted by the United States for the use and 
sup|)ort of free schools,which amount shall be held as a loan and 
shall be and remain a perpetual fund, on which the State shall 
pay an annual interest of four per cent from the 1st day of Janu- 
ary, 1880; and th?ct said interest shall be paid to the several 
townships in the State entitled to the same in accordance with 
the act of Congress No. 68, approved February 15, 1843; and the 
bonds of the State heretofore issued, under act ot the General As- 
sembly No, 81 of 1872, are declared null and void. Constitution 
of the year 1879, Art. 233. 

The payment of interest on the Seminary Fund is fixed at four 
per cent on the amount of $136,0(»0. The payment of interest on 
the Agricultural and Mechanical College is fixed on the amount 
of $182,313 03 at five per cent. 

NOTA. — The State was previously pledged to the payment of six per cent, 
on these amounts out of the general fund, but under Act 233 of the Constitu- 
tion, the interest provided for shall be paid out of any tax that may be 
levied and collected for the general purposes of public education, and is now 
reduced to four j)er cent., although the State Constitution of 1868 provided 
for the payment of six per cent. 

An amount is levied annually for the maintenance of the free 
public schools. 

A part of this amount is applied to the payment of the State's 
indebtedness. 

The amount is twice applied to the maintenance of the schools. 

First. In the General Eevenue, Act 85, of 1888, Sec. 89, pro- 
viding that 1^ mill shall be levied for the free i)ublic schools. 

Second. Under this article of the Constitution snfiScient is 
taken for the payment of this interest out of the amount already 
appropriated for the maintenance of the schools. 

Those acts, now repealed, act 182, of the year 1857, and act 321, 
of 1855, Sec. 31, were equitable and just in x>roviding for the pay- 
ment of this interest from the General Fund. 

This is all final. Tin fait accom/pli . But it may be that hereaf- 
ter the legislator will readily favor the adoption of laws increas- 
ing the amounts necessary for the proper maintenance of the free 
pui)lic schools when he is reminded that the capital fixed is not 
as large as it should be and that the interest has been consider- 
ably reduced, despite the pledge of the State, and when it further 
occurs to him that an amount already appropriated for the main- 



68 LAWS OF LOtJlSIAHA. 

tenance of the schools is applied to the paiymr nt of the interest 
due to the schools. 

ART. CXVII. — TAXATION POSSIBLE TO ERECT AND CONSTRUCT 
PUBLIC BUILDINGS. 

Article 209, of the constitutiou of 1879, authorizes the increase 
of taxation on crrtaiu conditions, "for the purpose of erecting and 
constructing public buildings, bridges and works of public im- 
provements in jDarishes, when the rate of such increase and the 
Ijurpose for which it is intended, shall have been submitted to a 
vote of the property tax payers of such parish, entitled to a vote 
under the election laws of the State, and a majority of same vo- 
ting at snch election shall have voted therefor." 



ACT 126 OF 1882. 

IMPROVEMENT TAX. 

Art. cxviii. — "Act 126, and not Act 41, of 1882, is the law in- 
tended by the legislature to make effective Article 209." Duperier 
vs. Viator et als., 35 Ann. 900. 



Art. 209. The State tax on property for all purposes what- 
ever; including expenses of government, schools, levees and in- 
terest shall not exceed in any one year six mills on the dollar of 
its assessed valuation, if the ordinance regarding the bonded 
debt of the State is adopted and ratified by the people; and if 
said ordinance is not adopted and ratified by the people, said 
State tax for all purposes aforesaid shall not exceed in any one 
year five mills on the dollar on the assessed valuation of the prop- 
erty; and no parish or municipal tax for all purposes whatsoever 
shall exceed ten mills on the dollar of valuation; provided, that 
for the purpose of erecting and constructing public buildings, 
bridges and works of i)nbiic improvement in parishes and munici- 
palities, the rates of taxation herein limited may be increased 
when the rate of such increase, and the pnrpose for which it is 
intended, shall have been submitted to a vote of the property 
tax payers of such parish of municipality entitled to a vote under 
the election laws of the State, and a majority of same voting at 
such election shall have voted therefor. 



LAW TO MAKE EFFECTIVE AET 209, OF THE 
CONSTITUTION OF 1879. 

ACT 126, OF THE YEAR 1882. 

ART. CXIX. — SPECIAL TAX. HOW LEVIED. 

Sec . 1 . That whenever one-tenth of the property tax payers 



FKEE PUBLIC SCHOOLS. 59 

of any parish, city, incorporated town or municipality in this 
State shall petition the police jury, city, town or municipal au- 
thorities to levy an increased rate of taxation for the purpose of 
constructing public buildings, bridges without draws and works 
of public improvements in such parish, city, town or municipal- 
ity, the said police jury, city, town or municipal authorities shall 
order a special election for that purpose, and shall submit to a 
vote ot the property tax payers? of such parish, city, town or mu- 
nicipality entitled to vote under the election laws of the State, 
the rate of taxation and the purpose for which it is intended: 
provided, thskt said election be held under tbe general election 
laws of the State at that time in force, and at the polling places 
at which the last preceding general election was held, and not 
sooner than twenty days after the official publication of the peti- 
tion and ordinance ordering the election, which shall be made in 
the same manner provided by law for judicial advertisement. 

ART. CXX. — DECISION. 

'' The vote of the majority of the property tax payers who vo- 
ted at the election ordered * * * was therefore suiticient to 
carry the election." Duperier vs. Yiator, 35 Ann, 9G0. 

ART. CXXI.— PUBLICATION. 

Sec. 3. The publication of the result of said election shall be 
made by ten days advertisement immediately thereafter, and the 
police juries, city, town and municipal authorities shall have the 
same power to enforce tbe collection of any special tax that may 
be authorized by said election as by law provided for the collec- 
tion of other taxes. 

ART. CXXII. — SCHOOL HOUSE AND PUBLIC IMPROVEMENT, 

The law autborizes the levy of a special tax for the erection of 
public buildings and other improvements. 

A school house is a public building for the free public schools, 
and it certainly is a public imj)rovement. 

POWER OF THE DISTRICT BOARD OF SCHOOL DIRECTORS WITH 
REFERENCE TO EXPROPRIATIONS. 

Sec. 1298 When land shall be required for the erection of a 
school house, or for enlarging a school house lot, and the owner 
refuses to sell the same for a reasonable compensation, the Dis- 
trictBoard of School Directors shall have the power to select and 
possess such sites embracing space sufficiently extensive to an- 
swer the purpose of school house and grounds. 

RELATIVE TO THE VALUE OF THE GROUNDS. 

Sec 1299. Should such land holder deem the sum assessed too 
small, he shall have the right to institute suit before any proper 



60 LAWS OF LOUISIANA. 

jiulicial tribunal for liis claim; but the title sball pass from bim 
to tbe scbool corporation. 

FAILURE OF OFFICERS TO PERFORM DUTY IMPOSED. 

Sec. 1300, E. S. A faihire on tbe part of any district, parish 
or State officer to perform tbe duty imposed upon bim by any sec- 
tion of tbis act, under tbe title " Education," and in tbe manner 
berein specified, is bereby declared a misdemeanor in office Upon 
conviction tbereof, siicb officer sball be pnnisbed by a fine not less 
tban fifty, and not exceedin.s;' one buiidred dollars, and by imprison- 
ment in tbe parisb prison for a term of not less tban tbirty days, 
and not exceeding three months. All prosecutions for oflenses 
against this section shall have precedence over all cases Dtfore 
any justice of tbe peace, parisb or district Court. 

THE SALE WHICH CAN BE MADE BY THE REGISTER OF THE 

LAND OFFICE. 

Sec. 1305 E. S. It shall be lawful for tbe Register of the 
Land OfiSce to sell, at tbe price stipulated by law, to any Board 
of Free Scbool Directors of this State, any amount, not less than 
five acres, of any land within their scbool district, donated by 
Congress to this State, either for tbe use of a Seminary of learn- 
ing, or for tbe purpose ot internal improvement on which to erect 
a scbool bouse. 

HOW LOCATED. 

Sec. 1306. Any land so sold shall commence in tbe corner of 
a legal division or sub-divisions of sections; and if in a right an- 
gle, it sball be run an equal distance on two sides, bounded by 
tbe line of such division, and form a square incindiug the number 
of acres sold; if in an acute angle, it shall be bounded by said 
division lines to such distance, and by lines in sucb other direc- 
tions as tbe Register may deem most equitable between the land 
so sold and that retained; the i)ateuts for lands so sold shall is- 
sue to the free scbool directors and their successors, for the use 
of their district schools, setting forth the number, and ot what 
parisb. 

RESERVATIONS OP SCHOOL LANDS. 

Sec. 1307. TheRegister of the StateLandOffice atBatonRouge 
is required to ascertain in -what townsnix? in this State, there are 
no reservations of scbool sections by reason of conflicting claims 
or from any other cause, or where tbe rf^servation is less than 
contemplated by law; and in sucb cases it is made his duty," 
under tbe snpermtendence of the Governor, to apply for, and as 
soon as possible, obtain a location of any land or part of land in 
lieu thereof. 



FEEE PUBLIC SCHOOLS. 61 

SCRIPS SHOULD ISSUE ONLY WHEN LOCATIONS CANNOT 
BE MADE. 

Sec. 1308. When such locations caunot be made, if deemed 
more advantageous to tlie State, the Kegister, with the assent of 
the Federal Government, is authorized to issue scrip for such 
hxuds, which scrip shall not be sold, for a less amount than one 
dollar and twenty -five cents per acre. 



FEEE SCHOOL FUND. 

Sec. 1313. The proceeds of all lands heretofore granted, by 
the United States to this St'ate for the use or support of schools, 
except the sixteenth section in the various townships of the 
States specially reserved by Congress for the use and benefit of 
the people therein; and all lands which may hereafter be granted 
or bequeathed to the State, and not specially granted or be- 
queathed for anj?^ other purpose, which hereafter may be disposed 
of by the State, and the ten j)er cent of the net proceeds of the 
sales of the public land which have accrued and are to accrue to 
this State under the act of Congress, entitled " An Act to appro- 
priate thex)roceeds of the public lauds," and to grant pre-emption 
rights, approved September 4, 1811; and the proceeds of the es- 
tates of deceased persons, to which the State has Or may become 
entitled by law, shall be held by the State as a loan, and shall be 
and remain a perpetual fund, to be called the Free School Fund, 
on which the State shall pay an annual interest of six per cent ; 
which interest, together with the interest of the Trust Fund de- 
posited with this State by the United States, under the act of 
Congress a^jproved the 23d of June, 1836, with the rents of all un- 
sold laiuls, except that of the sixteenth sections, shall be appro- 
priated for til 3 support of public schools in this State; and dona- 
tions of all kinds which shall be made for the support of schools, 
and such other means which the Legislature may from time to 
time set apart for school purposes, shall form a part of the fund, 
and shall also be a loan on which the State shall pay an interest 
of six per cent per annum. 

It shall be the duty of the Treasurer of the State to apply an- 
nually, and to receive from the General Crovernment, the said ten 
per cent of moneys now due and to become due to thrs State, and 
to place the same, when received, to the credit of the proper fund, 
and to report thereon to each session of the General Assembly. 



63 LAWS OF LOUISIANA. 

REVISED STATUTES RELATIVE TO THE SALE OF 
SCHOOL LANDS. 



AET. CXXIII. — SCHOOL LANDS. THEIR SALES. HOW TO BE 

MADE. DUTY OF PARISH TREASURER RESPECTINGr 

PUBLIC SCHOOL LANDS. 

Sec. 2958. It shall be the duty of the parish tivasarers of the 
several parishes in this State to have taken the sense of the in- 
habitants of the township, to which they may belong, any lands 
heretofore reseived and approiDriated by Congress for the use of 
schools, whether or not the same shall be sold, and the proceeds 
invested as authorized by an Act of Congress approved February 
15, 1843. Polls shall be oi)ened and held in each township, after 
advertisement, for thirty days at three of the most public places 
in the Town, and at the Court House door, and the sense of the le- 
gal voters therein sh.'.ll be taken within the usual hours, and in 
the usual manner of holding elections, which elections shall be 
held and votes received hy a member of the parish school board 
or a justice of the peace; and if a majority of the legal voters be 
in favor of selling the school lauds therein, the same may be sold, 
but not otherwise. The result of all such elections shall be trans- 
mitted to the parish treasurer, and by him to the State Superin- ■ 
tendent. 

ART. CXXIV.— SURVEY OF SCHOOL LANDS. 

Sec. 2959. Before making sale of the school lands belonging 
to the State, it shall be the duty of the parish treasurer^ or o(her 
persons whose duty it may become to superintend the sales, to 
cause a re-survey of such lines as from any cause may have be- 
come obliterated or uncertain; and for this purpose he is author- 
ized to employ the pnrisli surveyor, or on his default, any compe- 
tent surveyor; and the lines thus surveyed shall be marked in 
such manner as to enable those interested to make a thorough 
examination before sale, and all advertisements made for the sale 
of such lands shall contain a full description thereof according to 
the original survey and that required by this section. The expen- 
ses of the survey shall be paid by the Auditor of Public Accounts 
out of the proceeds of the sale of the lands on the warrants of the 
parish treasurer. 

ART. CXXV. — SALE ON THE ORDER OF THE AUDITOR. 

Sec. 2960. If the majority of the votes taken in a township 
shall give their assent to the sale of the lands aforesaid, the par- 
ish treasurer shall forthwith notify the Auditor of Public Accounts 
of the vote thus taken, and upon his order, the said Jicinds shall be 
sold by the paris!i treasurer, at public auction, before the Court 
house door, by the sheriff or an auctioneer to be employed by the 
treasurer at his expense, to the highest bidder, in quantities not 



FREE PUBLIC SCHOOLS. 63 

less than 40 acres, nor more than 160, after having been previously 
appraised by three sworn appraisers, selected by the parish treas- 
urer and recorder of the parish, after (30) thirty days advertise- 
ment, but in no case at a less sum than the appraised value, pay- 
able on a credit of ten years as follows: ten per cent in cash and 
the balance in nine annual installments, the interest to be paid 
on the whole amount, annually, at the rate of eight per centner 
annum; the notes shall be made payable to the Auditor of Public 
Accounts, secured t>y special mortgage on the land sold, and per- 
sonal security in soUdo, until final payment of principal and inter- 
est; in the event of the purchaser neglecting or refusing to pay 
any of these installmenis or interest at maturity, the mortgage 
shall be forthwith closed, and the parish treasurer is hereby au- 
thorized to advertise and sell the laud as before provided for, and 
further authorized and required to execute all acts of sale on be- 
half of the State for any such lauds sold, to receive the cash pay- 
ment and notes given for the purchase, which shall be made pay- 
able to the State treasurer, and to place the same in the office of 
the Auditor of Public Accounts, for collection; all cash received, 
either for principal or interest, from said sales shall be trans- 
mitted by him to the State Treasurer, and any moneys thus 
re<!eived into the State treasury from sales aforesaid shall bear 
interest at the rate of six per cent per annum, and be credited to 
the township to which the same belongs according to the provis- 
ions of the act of Congress. The parish treasurer shall forth- 
with notify the State Superintendent of theresult of all sales 
made by him. The iiarish treasurer shall be authorized to re- 
ceive the whole amount bid for the lands, deducting the eight per 
cent interest which the credits will bear. 

ART. CXXVI. — SALE OF SECTIONS, DIVIDED BY LINES OF PAR- 
ISHES. 

Sec, 2966. When the 16th section of any township is divided 
by a parish line, the treasurer of the parish in which a greater 
portion of the section may lie, shall proceed to take the sense of 
the people of the township, and to sell the same as provided by 
law, as if the whole section lay in his parish; provided, that the 
sa e shall be advertised at the courthouses of both parishes. 

ART. CXXVII.— treasurer's COMMISSION. 

Sec. 2660. The parish treasurers of the several parishes shall 
be entitled to retain out of the proceeds of the sale of 16th sec- 
tions effected by them a percentage of 2^ on the amount of said 
sales, to be deducted from the cash payment, and the same shall 
be in full compensation of their services. 

ART. CXXVIII. -LEASE OF SCHOOL LANDS 

Sec. 2962. Should a majority of the legal votes be against the 
sale of the lands, then it shall be the duty of the parish board of 
directors, where the same may be situated, to secure them from 



64 LAWS OF LOUISIANA. 

injury and waste, and prevent illegal possession or aggression of 
any kind, and in coujuuction with the parish treasurer to lease 
the same, or any jiart thereof, for a terra not exceeding four 
years, according to the provisions of the second section of the 
Act of Congress aforesaid, and to inform the State Superintend- 
ent thereof. 

ART. CXXIX.— PROCEEDS OF LANDS ACCRUING TO TOWNSHIPS. 

Sec. 2963. All moneys that have been or may be hereafter re- 
ceived into the State Treasury, and the interest that has or may 
accrue thereon from the sale of any 16th section of school lauds 
or the school land warrants belonging to the various townships 
in the State, shall be placed to the credit of the township, and 
should the people of any township desire to receive for the use of 
the schools therein, the annual interest payable by the State on 
funds deposited to their credit, or the annual proceeds of the 
loan, the parish treasurer shall, on the petition of five legal voters 
in any such township, order an election to be held in the town- 
ship, as provided for the sale of township lands ; and if a major 
ity of any number of votes above seven be in favor of receiving 
annually the accruing interest as aforesaid, the same shall be 
paid to the treasurer of the parish for the use of the townships 
or districts ; otherwise the interest shall be an accumulated fund 
to their credit until so called for. 

ART. CXXX. — MODE OF ANNULLING SALES. 

Sec. 2965. In all cases of the sale of the school lands known 
as 16th sections, heretofore made, where the purchase money has 
not been paid, the pui chaser or purchasers shall have the right 
to annul the sale upon application to the District Court of the 
parish where the land is situated ; provided, that the jud-^meut 
of nullity shall be obtained at the cost of the applicant and con- 
tradictorily with the District Attorney, in conjunction with the 
school directors of the district in which said land is situated, 
who shall be made a party defendant in such suit ; provided also, 
that it shall appear upon the hearing that the value of the land 
has not been impaired by any act of the purchaser ; and jiro- 
vided further, that nothing iu this act shall be so construed as to 
entitle the said purchaser to repayment of any part of the pur- 
chase money already paid. 



No. 57. To jjrovicle for the collection of notes given for the purchase jirice 
of sixteenth sections, known as Free School Lands. 

DUTY OF AUDITOR IN PROVIDING FOR THE COLLECTION OF 
NOTES GIVEN IN PAYMENT OF THE 
SIXTEENTH SECTIONS. * 

Sec. 1 . Be it enacted by the General Assembly of the State 
of Louisiana, That it shall be the duty of the Auditor of Public 



FREE PUBLIC SCHOOLS. 65 

Accounts, 'mmediately on the passage of this act, to forward for 
collection to tbe Treasurer of the School Board in their respec- 
tive parishes throughout the State, all the notes given for the 
purchase piice of sixteenth sections, or any part thereof, known 
as free t^chool lands, whenever any installment of said purchase 
price has bec(>me due or may become due, and it shall be the duty 
of sa'd Treasurer of Parish School Board to receive and receipt 
for same. 

DUTY OF PARISH TREASURER IN COLLECTINa SAID NOTES — 

PROVISO. 

Sec. 2. Be it further enacted, etc, That it shall be the duty 
of the Treasurer of the Parish School Board, on receipt of the 
notes due and given for the said sixteenth sections, to imme- 
diately notify the principal and his sureties, in writing, of the 
amount of said note, priiudpal and interest, <lue and unpaid; 
provided, saul lands for which said notes were given are still in 
possession of the original purchaser, and if in the posst^ssion of 
other ])ai ties, suidi possessor shall also be likewise notified of all 
the demands, jirincipal and interest, against said lands, and if all 
the demands against the same be ni't satisfied within thirty days 
from said notice, it shall be the duty of the Treasurer of the i arish 
School Board to turn over said notes to the District Attorney for 
said district, or other attorney selected by the School Boa d, for 
suit; and, provided further, that said notice shall serve as a bar 
to prescription, which shall only begin to run from the service of 
said notice. 

DUTY OF DISTRICT ATTORNEY OR OTHER ATTORNEY SELECTED 
BY SCHOOL BOARD TO COLLECT SAID NOTES- 
MODE OF PROCEEDINa IN SUCH 
COLLECTION. 

Sec. o. Be it further enacted, etc., That it shall be the du<y 
of the said attorney to proceed without delay, by all necessary 
legal process's, and without depositing clerk's or sheriif's costs, 
or giving security therefor, to collect all such notes as may be 
turned over to him by said Treasurer of the Parish School Board, 
and given for sixteenth sections, known as free school lands, and 
if any of the conservatory writs should be found to be necessary 
in order to aid in said collection, it shall be lawful to it^sue the 
same, without giving bond as required in other cases. 



66 LAWS OP LOUISIANA. 

COMPENSATION TO SAID ATTORNEY FOR COLLECTING SAID NOTES 

— DUTY OF THE ATTORNEY UPON COLLECTING SAID 

NOTES — HOW HE SHALL APPLY THE SAME — 

DUTY OF PARISH TREASURER IN 

RELATION THERETO — WHAT 

DISPOSITION SHALL BE 

MADE OF SUCH 

MONEYS. 

Sec. 4. Be it furtlier enacted, etc., That the said attorney 
shall receive ten per cent of all money collected by him on notes 
given lor sixteenth sections, and aft#r dedncting- said ten per 
cent he shall turn over the remainder to the Treasurer of the 
School Funds for the parish in which said lands are situated, and 
the same shall be transmitted through the Auditor of Accounts, 
by said treasurer, to the State Treasurer; and any moneys thus 
received into the State Treasury from said collections shall bear 
interest at the rate of four per cent per annum, and be credited 
to I he township to which the same belongs, according to the pro- 
visions of the Act of Congress . 

Sec. 5. Be it further enacted, etc.. That all laws or parts of 
laws in conflict herewith be and the same are hereby repealed. 

ART. CXXXI. — CAPITAL DUE THE SEVERAL TOWNSHIPS. 

By joint resolution of 1886, the Auditor is authorized to fix 
the amount of capital due the several townships from the sales 
of sixteenth sections school lauds, made since January 1st, 1880, 
and to warrant for interest due thereon. 

ART. CXXXII. — AUDITOR TO ASCERTAIN AMOUNTS DUE TOWN- 
SHIPS . 

As there has been pnid into the State Treasury from the sale 
of sixteenth sections school lands, made since January 1st, 1880, 
a large sum of money over which Article i33 of the Constitution 
has no control, and the same having been invested in Louisiana 
four per cent bonds, as required by the Act of Congress, ap- 
proved February 15, 1843, and Act No. 265 of 1855 of the General 
Assembly of Louisiana, and tiie interest on said bonds having 
been collected by the State Treasurer and now at the credit of 
the several townships, it shall be the duty of the Auditor of 
l^ublic Accounts, by the first day of January, 1887, to ascertain 
the amount of capital that m ly be due the several townships 
from the proceeds ol the sales of sixteenth sfctions Vide Act 
of Congress of the 26th September, ai)proved 15*:h February, 
1843, Statutes at Large, Vol. 5, p. 600. 



FREE PUBLIC SCHOOLS. 67 

ART. CXXXIII. — CURRENT FUNDS POR SCHOOLS IN STATE 

TREASURY. 

Sec. 1320. An account shall be opened on the books of the 
Trt-asiirer; in this account shall be charged the annual exi3endi- 
tnres of the public schools and credited with the net receipts for 
the special taxes laid by the General Assembly tor the public 
schools. 

It is made the Auditor's duty to present a statement of the 
condition of this fund in his annual report, and nn estimate of the 
special tax needed for the support of the public schools during 
the ensuing- year, beyond the receipts for said sui)port from other 
sources. 

It is made the duty of the Superin eudent to furnish the Auditor 
with all the information he may require for his said report. 



JOINT RESOLUTION No. 90, APPROVED JULY 8, 1880. 

ART. CXXXIV. - CAPITAL DUE THE SEVERAL TOWNSHIPS. 

The Auditor is authorized to fix the amount of capital due 
the several townships from the sales of sixteenth sections school 
lauds made since January 1st, 1880, and to issue warrant for the 
interest due thereon. 

The Auditor is directed to ascertain the amount of capital that 
may be due the several townships from the proceeds of the sales 
of sixteenth sections, made sime the first of January, 1880, and 
aijtually paid in the State Treasury 

The amount ascertained shall be the capital U|)on which inter- 
est shall be thereafter allowed, and paid out of the interest col- 
lected on the bonds to the township, the sixteenth section of 
Avhich have been sold since January 1st, 1880. No interest to be 
allowed for fractions of the year, but it shall commence on the 
first of January of the year after receipt. 

The iuteietit due upon the capital ascertained as aforesaid, and 
the interest due upon subsequent sales, shall be paid to the town- 
ships in the manner i)rovidetl. It shall be the duty of the Audi- 
tor to furnish the Treasurer and Sperintendeut of Public Educa- 
tion with a statement of the amount due each township. 



ACT No. 14, ADOPTED JUNE 10, 1882. 

TRESPASS ON SIXTEENTH SECTION. 

To prevent trespass on free school lands kuowu as sixteenth 
sections, and to prescribe penalties for a violation of the provi- 
sions of this act. 



68 LAWS OF LOUISIANA. 

ART. CXXXV. — TIMBER ON SIXTEENTH SECTIONS — CUTTING OR 

BURNING SAME . 

That whoever shall cut dowu, or remove for sale for his own 
use, or the use of another, any timber on any free school land in 
this State, belonging to the State, known as sixteenth sections, 
shall be deemed guilty of a misdemeanor, and npou conviction 
shall be condemned to pay a fine of not less than fifty nor more 
than one thousand dollars, and in default of the same, be sen- 
tenced to imprisonment not less than ten days nor more than one 
year. 

ART. CXXXVI.— CULTIVATION OR INCLOSING SIXTEENTH SEC 
TIONS — PENALTIES- 

Sec. 2. That whoever shill knowingly use, cultivate or 
inclose any free school land^ known as the sixteenth section, 
without autliority from the parish board of school directors, 
shall on conviction be condemned to pay a fine of not less than 
fifty nor more than one thousand dollars, and in default of the 
same be sentenced to imprisonment for not less than ten days 
nor more than one year. 



SECTION 1320, EE VISED STATUTES 

ART. CXXXVII. — SCHOOL PROPERTY EXEMPT FROM SEIZURE. 

Property dedicated to the use, and belonging to public schools, 
or employed by municipal corporations for the purpose, shall be 
exempt from seizure. 

Article 207 of 1879 was amended by joint resolution, 92, of the 
regular session of 1886, No. 6 of the amendments, submitted to 
the vote of the people at the general election held April, 1888. 
Property used for colleges or other school purposes are exempt 
vide, also Tulanc vs. Board of Assessors, 38 A. 297. 

ART. CXXXVIII. -SIXTEENTH SECTIONS, AND COURT DECISIONS 
RESPECTING THEM. 

Under the general laws, and where the township is surveyed in 
sqaare sections, every sixteenth section is reserved as school 
land, in fractional or irregular townships on water courses, the 
Secretary of the Treasury is required by law to select and desig- 
nate the school lands. 

Board vs. Eollins, 33 A. 424. 

Bres. vs. Lonviere, 37 A. 736. 

By issuing an indemnity school warrant the State parts with 
what title in the public domain it could by location have secured. 
The divestiture is complete when the location is approved, and 
on return and surrender the Governor issues a patent. 



FREE PUBLIC SCHOOLS. 69 

NoTA. — Whenever the township is not surveyed in square' sections, but is a 
fractional or irregnhar township on a water course or for other cause is frac- 
tional or irregular, the school authorities should see that the selection is 
legal, or that proper selection and location he made. 

ART. CXXXIX.— ILLEGAL CERTIFICATES OP INDEBTEDNESS. 

" Certificates of indebtedaess, issued by the Board of School 
Directors of the piibli<; scliools for services rendered in 1874, are 
not binding upon the City of New Orleans " [Labat vs. New Or- 
leans, .3Sth Auu., 283.] 

ART. CXL. — DISCHARGE OF AN OFFICER 

"To obtain his discharge, an ofticer should obtain a clear re- 
ceipt from the board of school directors, in so far as he has in-' 
curred any responsibility as an of&cer in which ihe said board is 
concerned." [3od Ann , 709; State ex rel vs. Sheriif.] 

SCHOOL LANDS. 

" The minimum price of school lands is one dollar and a quar- 
ter per acre." [School Directors vs. Coleman, 14th Ann., 180.] 

ART. CXLL— SALES OF SIXTEENTH SECTIONS. 

It is of importance to establish what sales have been made of 
the sixteenth sections. 

What payments have been made. 

What sales have been cancelled, that the State officer n)ny 
direct the collection of unpaid notes, representing the imrchase 
price of these sections sold, and that the whole of the amount 
appropriated for the payment of interest on the school fun 1, 
viz : the sum of $45,2.34 70, for the year ending June, 1889, and 
a similar amount for the year ending Jane, 1890, may be properly 
credited to the townships. 

This depends upon the different school boards, who should 
not fail to take proper steps to [troperly establish the amount to 
which each township is entitled. 



PRESCRIPTION OF DEBTS DUE TO ANY CHARITABLE INSTITUTION 
OF THIS STATE, TO ANY COLLEGE FUND AND FUND OF ANY 
INSTITUTION^ OF LEARNING, OR TO ANY INSTITUTION 
OF LEARNING, OR TO ANY FUND BEQUEATHED 
FOR CHARITABLE PURPOSES, FOR DIS- 
TRIBUTION TO THE POOR, 
SHALL BE THIRTY 
YEARS. 

No. 103. RelatiA-e to the j)rescription of debts due to certain charitable 
and educational institutions and funds. 

Be it enacted by the General Assembly of the State of Louisi 



70 LAWS OF LOUISIANA. 

ana, That the term of prescription of any and all debts, due to 
any charitable iustitution io this State, to any college fund, or 
fund of any institution of learning, or to any fund bequeathed 
for charitable purposes, for the purpose of distribution to the 
poor or iodigeut, or for ])uri)oses of educMtion, and of all debts 
contracted by borrowing the whole or part of any such funds, 
shall be thirty years ; provided, the debt is evidenced by writing. 



HYGIENE AND TEMPERANCE. 



ACT 40, APPEOVED JULY 6, 1888. 

TO PROVIDE FOR THE STUDY OF SCIENTIFIC TEMPERANCE OR OF 
THE NATURE OF ALCOHOLIC DRINKS AND NARCOTICS, AND 
THEIR EFFECTS UPON THE HUMAN SYSTEM, IN CON- 
NECTION WITH THE SEVERAL DIVISIONS OF 
THE SUBJECT OF RELATIVE PHYSIOLO- 
GY AND HYGIENE, BY THE PUPILS 
IN THE PUBLIC SCHOOLS 
IN LOUISIANA. 

ART. CXLII. — INSTRUCTION TO BE GIVEN. 

Section 1. That in addition to the branches, in which instruc- 
tion is now given in the public schools, instruction shall also be 
given as to the nature of alcoholic drinks and narcotics, and special 
instruction as to th(4r effects upon the human system in connec- 
tion with the several divisions of the subject of relative i)hysiolo- 
gy and hygiene, and such subjects shall be taught as regularly as 
other branches are taught in said schoojs. Such instruction shall 
be given orally fiom a text book in the hand of the teacher, to 
pupils who are not able to read, and shall be given by the use of 
text books in the hands of the pupils in the case of those who are 
able to read, and such instruction shall be given as aforesaid to 
all pupils in all public schools in the State, to all the grades until 
completed in the high schools. 

ART. CXLin. — TEXT BOOKS. 

Sec. 2. That the text books used for the instruction required 
to be given by the preceding section, shall give at least one-fourth 
of their space to the consideration of the nature and effects of al- 
coholic drinks and narcotics; aad the books used in the highest 
grades of graded schools shall contain at least twenty pages of 
matter relating to this subject. 

Text books on physiology in use, in the schools or at the time 
this act takes eft'ect, which are not in accordance with the require- 



FBEE I^UBLIO SCHOOLS. 71 

meets of this section, shall be changed for boobs satisfying" the 
requirements of this section, except when previous contracts as 
to snch text books now in force. 

ART. CXLIV. — EXAMINATION OF TEACHERS ON THE SUBJECT. 

Sec. 3. That no certificate shall be graiitcd hereafter to any 
new applicant to teach in the public schools of Louisiana, who 
has not passed a satisfactory examination in the study of the na- 
tur.' of alcoholic drinks and narcotics, and of their effects upon 
the human system, in connection with the several divisions of the 
subject of relative physiology and hygiene. 

ART. CXLV.— CERTIFICATE TO BE FILED BY THE TEACHER. 

Sec. 4. That each teacher of any school in this State sup- 
ported wholly or in part |rom public money, shall, before receiv- 
ing any renumeration for services rendered in said capacitv, file 
a certificate with the person by whom such payments are author- 
ized to be made, to the effect that such teacher has faithfully 
comiilied with all the provisions of this act during the entire 
period for which such payment is sought and in the manner 
specified in this act, and no money shall be paid to any such 
teacher who has not filed such a certificate. 

ART. CXLVI. — POSTPONEMENT IN SOME RESPECT OF THE EN- 
FORCEMENT OF PART OF THE LAW. 

Sec. 5. Section 3, referring to examinations of teachers and 
Section 4 to the payment of teachers will not take effect before 
October ], 1890. 



AK ACT— No. 126, APPKOVED APEIL 10, 1880. 

ART. CXLVII. — CERTIFICATES OF INDEBTEDNESS. 

All valid certificates of indebtedness by the public school 
board of the City of New Orleans, and by all the parish school 
boards throughout the State, for the State's portion of the sala- 
ries of teachers and portresses and for the necessary expenses of 
conducting the public schools, prior to January 1, 1880, may be 
submitted to the Superintendent of Public Education for ap- 
proval, and when approved said certificate may be presented to 
the Auditor of Public Accounts, who shall draw his warrant for 
the princii)al of said warrant on the State Treasurer, and shall 
distinctly state in each of said warrants that it is payable out of 
school and general fund taxes and licenses due the State of Lou- 
isiana, prior to January 1, 1880, and collected subsequently. 

ART. CXLVIII.— WARRANTS ISSUED UNDER THE PRECEDING 

SECTION. 

These warrants may be i)resented to the Auditor of Public Ac- 



72 L^WS OF LOUISIANA. 

counts, State Treasurer and Attorney General, if valid they sliall 
be endorsed as such and when they are surrendered to said offi- 
cers and when they shall have been registered and cancelled, 
they shall issue to the holders certificates in sums of 15, $10, $20 
or $50, as may be desired by the holder, which shall be receiva- 
ble for all taxes and licenses due the State, subsequent to Janu- 
ary 1, 1879, and prior to January 1, 1880, excei)t taxes due, the 
interest and levee funds. 

ART. CXLIX.— PROVISION — FURTHER UPON THE SUBJECT. 

Sec. 3. That after all the certificates are retired which the 
Auditor, Treasurer and Attorney Gren^ral, shall have issued for 
said Auditor's warrants, outstanding' Januiiry 1st, 1880, in accor- 
dance with the constitutional ordinance for the relief of delinquent 
taxpayers, and after a sum of money from the collectors of delin- 
quent taxes and licenses due the State*prior to January 1st, 1879, 
shall have beerr set aside to pay the principal and interest ot the 
five dollar bonds issued irr accordance with ^aid ordinance, the 
certificates provided by section 2, of this act shall be received for 
all taxes and liceus-es due the State prior to January 1st, 1879, 
and for all interest, penalties, fees and charges thereon, except 
taxes due the interest and levee funds . 

ART. CL. — NOTICE TO BE ISSUED BY THE AUDITOR. 

Sec. 4. That as soon as all the certificates are retired, and all 
five dollar bonds are fully provided for, as set forth in section 3, 
of this act, the Auditor of Public; Accounts shall immediately is- 
sue his notice of that fact to each Tax Collector and Sheriff 
thro'ughout the State; and, thereupon, said certificates issued 
under section 2, of this act, shall be received for all taxes and li- 
censes due the State prior to January 1st, 1879, and for all inter- 
est, penalties, costs, fees and charges, except taxes due the inter- 
est and levee funds and may be tendered in payment of so much 
of the purchase price of all property purchased by or forfeited to 
the State, and sold in accordance with the act of the General As- 
sembly providing for the sale of said property, as represent the 
taxes due the school and general funds, interest, penalties, costs, 
fees and charges thereoir . 

DISCIPLINE AND QUESTIONS IN THAT CONNECTION. 

CIVIL CODE. 

ART. CLI. — LEGAL AUTHORITIES ON THE SUBJECT OF 
SCHOOL DISCIPLINE. 

Fathers and mothers may, during their life, delegate a part of 
their authority to teachers, school masters and others to whom 
they entrust their children for their education, such as the power 
of restraint and correction, so far as may be necessary to answer 
the purposes for which they employ them. Art. 220. 



FEEE PUBLIC SCHOOLS. 73 

Judge Blackstone says " the master is in loco parentis and lias 
'Siich a portion of the powers of the parents committed to his 
charge as may be necessary to answer the purposes for which he 
is employed." 

AET. CLII. — teachers' JUDGMENT ABOUT DISCIPLINE. 

Sec. 6. Eelative to punishment, the calm and honest judg- 
ment of the teacher, as to the requirement, should have great 
weight in matters of discipline as in the case of a parent under 
similar circumstances. [American Law Register, Van Vacter 
vs. State ; July number, 1888. Discipline in Sohool. 

It is the duty of a teacher to maintain proper discipline in 
school, and the extent of his authority in that direction is dis- 
cussed. [Law Register, K. S. Vol. xill, p. 716]. 

ART. CLIII.t- BRANCHES OF STUDIES. 

Sec. 7. Certain studies are required to be taught in the public 
schools by statute. The rights of one pupil must be so exercised 
undoubtedly as not to prejudice the equal rights of others. 

Murrow vs. Wood, 13 American Law Register, p. 694. 

NOTA. — The State Board has adopted certain studies to be taught in the free 
public schools. The local boards have the authority of carrying out the rules 
and regulations of the State Board. The studies are subject to their control, 
also all questions relating to grading the schools, and to the schools the pupils 
should attend when there are several schools in the same town or locality. In 
all this, however, due regard should be had for the wishes of the parents, but 
the parish board is the authority subject to such appeal as the law provides. 



SEVERAL DECISIONS — NOTED IN THEIR GENERAL APPLICATION. 
ART. CLIV. — SCHOOL DIRECTORS. 

Are not authorized to bring suits for the revendication of land 
donated by Congress to the State for public school purposes, and 
sold under a law of the State. 

School Directors vs. Ober, 32 Ann . 417 . 

SALE OF WARRANTS. 

The treasurer of the State Board, may make a valid sale of the 
warrants of the State which represent the interest on the free 
school fund. 

Board of Directors Concordia parish vs. Hernandez, 31 Ann. 158. 

ILLEGAL CHARGES. 

" The school board can not allow charges in violation of the 
law. Their action is ultra, and is not susceptible of ratifi- 



74 LAWS OF LOIJISIAifA. 

cation. Settlement made is not conclusive." [School Board ver- 
sus Trimble, 33d Ann . , 1073. ] 

RULES AND REGULATIONS. 

" The various school boards and other educational authorities 
of the State have, when the statutes are construed in connection 
with the incidental powers, which the law gives all corporations, 
the power to adopt rules and regulations for the schools under 
their control." [Fertelle vs Mischerer, 11 N. E., 605 (Indiana). 



EBCOYERY OJS A BOND. 

The school board's failure to require regular accounts and set- 
tlements from the Treasurer is not discharge of sareti(^s. 

Although the bond is made payable to the Governor of the 
State, the President of the Board has the right to sue on the bond 
executed by the Treasurer. [Board of School Directors and the 
Parish of Madison vs. A. Y. Browu and others, 33d Aun., 383.] 

FIDUCIARY AND EX CONTRACTU — OBLIGATION. 

^'Action against agents and depositaries for' damages caused by 
their fraud or negligence or mis- management, is prescribed by 
ten years." [7 R. 513, 3 L. 591.] 

" The treasurer of the school board failing to account for funds 
received by him in that capacity is bound ex contractu, and the 
judgment is fiduciary in its character, and is only barred by the 
prescription of ten years." [Board of School Directors vs. J. E. 
Trimble, 32nd Ann". 793.] 

SUITS BY THE SUPERINTENDENT OF PUBLIC EDUCATION. 

" He has no authority to appear in person, nor to be repre- 
sented by counsel of his own selection. In any suit in which ho 
may be a party, he must be represented by the Attorney Gen- 
eral or District Attorney." [Eay vs. Burke, Treasurer, 35th 
Ann. 369.] 

PARISH SUPERINTENDENT. 

'' Charges by a county superintendent for official correspond- 
ence, with teachers, school ofiicers and others, all pertaining to 
school affairs, and rendered in good faith, are proper items for 
allowance." [Smith vs. County of Jeflerson, Col. 13 p. 917]. 

OFFICERS — THEIR DUTIES AND RESPONSIBILITIES. 

" A Treasurer of School Funds to whom the law prescribes a 
mode of payment, can legally account for these funds only in 



FREE PUBLIC SCHOOLS. 75 

tlie manner provided." [Ohas IST. Baler vs. Mills Spaugli, 32nd 
Ann., 901.] 

TREASURER AND SURETIES. 

" Principal and sureties are not protected by urging that the 
Treasurer has not takeu the oath of offic.e. It is presamod that 
he has taken the oath when he has discharged for sonae time the 
functions of his office. 

" The sureties by signing the baud admitted the capacity of the 
principal." 

DEFECTS OF FORM BY WAY OF SIGNING THE BOND. 

" The rights of the sureties as against their principal not hav- 
ing been impaired, they cannot complain of his acts, his omission 
or commission." [School Directors vs. Judice and others, 39th 
Ann., 897] 

BOND — RECOURSE THEREON, 

"• The parish treasurer having defaulted, judgment is obtained 
against him, and the court holds a sagainst his sureties that the 
judgment against the principal is res adjudicata, as to the sure- 
ties, and within the limit of the amount for which they signed 
and obligated themselves as sureties. They are bound to make 
good the entire judgment against the principal, including the 
penalty . 

"The sureties are liable for the five percent per month penalty 
imposed upon a defaulting treasurer." [7th Ann., 131; 10th Ann., 
492; 14:th Ann., 679; Hazard Eastin et al vs. School Directors, 40th 
Ann., 706.] 

TAXATION— EXEMPTION COMMERCIAL COLLEGE. 

A commercial college is exem;jt from taxation under Article 
207 of the Constitution . This exemption is not affected or im- 
paired by the fact that the owner, who is the principal of the 
school, and one of the teachers, resides in the building. [Black- 
mar vs. Houston, tax collector, 39th Ann., 502.] 

ONE OF THE POWERS OF THE SCHOOL COMMITTEE. 

Committees have a legal right to refuse to examine a teacher 
as to literary qualifications if they are dissatisfied with his moral 
character. Case of Layton E . Seamens School Committee of 
Coventry. 

PRIVILEGED COMMUNICATIONS. 

A communication representing that a certain person was of 
bad moral character, and wholly unfit to teach and have the care 
of a school made to the proper authority for the sole purpose of 



76 LAWS OF LOUISIANA. 

preventing tlie issue to the person so claarged of a license to teach 
school isheld to be a privileged communication and not actionable. 
Wiman vs. Mabee, 45 Michigan 484. 

An action will not lie on a communication relating to personal 
character, if made in good faith and for an honest purpose by 
persons concerned and to the proper person . 

IsTor will it lie when such a communication is untrue, if it is 
not maliciously made. 

AN EXCERPT FROM BLACKSTONE. 

The last duty of parents to their children is that of giving 
them an education, suitable to their situation iu life j a duty 
pointed out by reason and of the greatest importance. 

^' For as Puffendorf well observed, it is not easy to imagine or 
allow that a parent has conferred any considerable benefit upon 
his child by bringing him into the world, if he afterwards en- 
tirely neglects to culture his education, and snifers him to grow 
up like a mere beast to lead a life useless to others and shame- 
less to himself." 

"Yet the municipal laws of most countries seem to be defective 
on this point, by not constraining the pareut to bestow a proper 
education upon his children." 

"Perhaps they thought it punishment enough to leave the 
pareut, who neglected the instruction of his family, to labor under 
those griefs and inconveidences which his family so uninstructed 
will be sure to bring upon him." 

Our laws, though their defects in this particular cannot be de- 
nied, have, in one instance, made wise provisions for bringing 
up the rising generation, since the poor and laboring part of the 
community, when pass the age of nurture, are taken out of the 
hands of their parents by the Statutes by apprenticiug poor 
children, and are placed out by the peoide iu such a manner as 
may render their abilities, in their several stations, of the great- 
est advantage to commonwealth. Blackstone, book 1, page 451 . 

ART. CLV.— RATE OF COMPENSATION TO TEACHERS, 

The compensation of teachers not being fixed by statute, they 
must be paid either according to their contract with the School 
Board or upon a quqnturn meruit. 

Offat vs. Bourgeois, 13 Ann. 607 . 

THE EMPLOYMENT OF TEACHERS. 

"The term of teachers for which employed limited to one year 
in New Orleans." Golden vs. Board of School Directors, 34 Ann. 
354. 



FREE PUBLIC SCHOOLS. 77 

DISCIPLINE . 

Moderate restraint and correction of a pupil by his teacher is 
not an offense, but is au^hori^ed by law, and the authority of the 
teacher is not limited to the time the pupil is at the school room 
or under the actual control of the teacher. [Bolding vs. Texas, 
4 S. W., 579.] 

" The teacher is loco parentis, and authority is nscessarily sur- 
rendered to him for proper government of the school." [Morrow 
vs. Wood, American Law Register, IST. S. X. 3, 692.] 

DAYS OF REST. 

Section 11 of the Revised Statutes. " The following should be 
considered as days of public rest in this State, and no others, 
namely: The 1st of January; the 8th of January; the 22d of Feb- 
ruary; Mardi-Gras; 4th of March (in New Orleans); 4th of July; 
25th of December; Sundays and Good Fridays." 

ART. CLVl.— ERROR IN APPORTIONINa SCHo6l FUNDS. 

An error has been committed by the State Treasurer, on which 
the Supertntendent of Public Education made an apportionment 
of funds. Before the apportionment could be canceled the 
School Board of Orleans had received their quota. 

When a subsequent apportionment was made, the amount 
paid in error was deducted by the State Superintendent of Edu- 
cation . 

On appeal, the Court confirmed the action of that officer. 

State ex rel. vs. E. H. Fay, Supt., 36 Ann., 241. 

ART. CLVII. — AMOUNTS PAID IN ERROR RECOVERABLE. 

One School Board can stand in judgment against another, and 
recover funds erroneously paid by the State authorities. If the 
debtor Board has purchased property with the funds, the prop- 
erty itself can be secured in place of the funds which it rei)re- 
sents. This section is not subject to the five years' prescription. 

School Board vs. School Board, 36 Ann. 806. 



NORMAL SCHOOLS. . 

ACT 51, APPROVED JULY 7TH 1884. ACT 61, APPROVED JULY 
I 5th, 1886. ACT 23, APPROVED JUNE 20th. 1888. 

AET CLVIII — NORMAL SCHOOLS AT NATCHITOCHES. 

This school was established in accordance with the act of the 
Legislature No. 51, approved July 7, 1884. This act was amended 



78 LAWS OF LOUISIANA. 

by Act 61, of the year 1886, and Act 23 of the year 1888. The 
following is a comjiilation of the original Act and of the amend- 
ments. 

ART. CLIX. — BOARD OF ADMINISTRATORS. 

The appointment of the Board of Administrators devolves 
upon the State Board of Education . 

ART. CLX, — RESIDENCE OF THE MEMBERS OF THE BOARD. 

One member is appointed from each of the first four circuits 
of the (Jourts of Ai^peal and one member from the Town of Nat- 
chitoches. They are appointed for four years. 

ART. CLXI. — AUTHORITY OF THE BOARD OF ADMINISTRATORS. 

They elect the teachers . 

Determine the salary each shall receive and they have charge 
of the affairs of the school and of the prosecution of its inter- 
ests. 

They are empowered to confer diplomas upon all graduates of 
the Normal School. This diploma entitles its holder to a State 
teacher's certificate which shall be valid for four years from its 
date . 

ART. CLXII.— APPROPRIATIONS. 

The appropriations are to be expended for the maintenance of 
the school and not for improvements . 

ART. CLXIII. — ANNUAL SESSIONS. 

The annual session commences on the first Monday and con- 
tinues not less than seven months. 

ART. CLXIV.— FACULTY. 

The faculty consist of a President and such additional teachers 
as the interests of the school may require. 

ART. CLXV.— COURSE OF STUDIES. 

This shall include series of lectures upon the principles of edu- 
cation, the science and art of teaching, modes of discipline, school 
management and other branches with instructions on natural 
sciences, hygiene, physiology and such other branches of learn- 
ing as the faculty with the approval of the Board of Administra- 
tors may elect. 

The course of studies may be divided into three years, but 
there shall not be any preparatory departments. 

ART. CLXVI.— CONDITIONS FOR ADMISSION. 

To be admitted a student, must at least be sixteen years of age, 
of mental qualifications, white of either sex. The student must 
be proficient in the ordinary branches of common school educa- 



FREE PUBLIC SCHOOLS. 79 

tion and must express a hona fide intention of teaching at least 
one year in the imblic schools of Louisiana after graduation. 



ACT No. 124, APPEOVED APEIL 30, 1877. 

ART. CLXVII -SITE OP NORMAL SCHOOL IN NEW ORLEANS, UNDER 
CONTROL OF STATE BOARD OF EDUCATION. 

Section 1. The State Board of Education is authorized and 
directed to t^ike possession and to assume the control of the site 
purchased for the State in September and October, 1860, for the 
location of the State Normal School, said site consisting of 4 lots 
in square 253, bounded by Baron ne, Clio, Erato and Dryades 
streets, in the Ist Municipal District of New Orleans, and 
numbered 15, 16, 17 and 18, as more particularly described in the 
deed of sale executed before L. Ricardo, Notary Public, audduly 
recorded. 

ART. CLXVIII. —STATE BOARD OF EDUCATION — RIGHT TO SELL. 

Sec. 2. The State Board of Education is authorized to ap- 
propriate said lots or the revenues or proceeds thereof towards the 
maintenance of said Normal school or schools as may be estab- 
lished by the city board of school dire(!tors in furtherance of the 
act to regulate public education, etc., passed by the General As 
sembly, and to this end the said Board may, in its discretion, 
rent out said lots or any portion thereof, to the City of New 
Orleans or any other purchaser, and convey a valid title therefor 
to the vendee on behalf of the State of Louisiana ; provided, that 
the s^id lots or any portion thereof shall not be sold for less than 
was paid for the same; and provided further, that the revenues 
or pioceeds of said lots shall be deposited with the City 
Treasurer, us treasurer of all school funds for the City of New 
Orleans, and shall be held by him as a si»ecial fund for the sup- 
port of the Normal Scthools, und be paid out by him only on war- 
rants or checks drawn by the president and secretary of the city 
Board of School Directors in favor of the executive committee, 
or of the teachers in charge of the several school or schools under 
the control of said board ; and provided further, that said city 
board shall make provisions for the gratuitous professional 
tuition and training in such Normal School or schools of at least 
one properly qualitied student from each judicial district in this 
State . 



80 L^WS OF LOUISIANA. 

ACT No- 143. APPEOVEO APRIL 15, 1880. 

ART. CLXIX — TO AUTHORIZE THE STATEBOARD OF EDUCATION 



TO SELL CERTAIN PROPERTY 



Section 1. That the State Board of Education, or its legal 
successors, be and is hereby authorized and empowered to sell on 
such terms as it shall deem most favorable, any property now 
under its control, on such terms as it shall deem most favorable, 
any property now under its control, purchased for the use of 
State Normal Schools, on such terms as it shall deem most fa- 
vorable, and to convey valid title therefor to the purchaser in the 
name and behalf of the State of Louisiana. 

ART. CLXX. — PROCEEDS OF THE SALE — HOW TO BE APPRO- 
PRIATED. 

Sec. 2. That the said State Board of Education, or its legal 
successors, is authorized to ai)propriate the proceeds of the sales 
of any property made under authority of section one of this act, 
and any rents derived from such property, to aid in the main- 
tenance, during three or more years, of Normal Schools and de- 
partments in the State of Louisiana, for the purpose of enlarging 
the usefulness of said iu>^titations, securing scholarships therein 
for advanced students, for the professional training of advanced 
students as teachers of the public schools, and for the scholastic 
improvement of any j)erson, already teaching, who may desire 
and be able to attend such institutions, in the proportion of 
thirty dollars for each student so trained during at least seven 
months in the year, without charge for tuition ; provided, such 
Normal schools and departments be organized and conducted on 
such plan, and be subject to such rules and regulations as shall 
have been prescribed for their guidance by the State Board of 
Education or the State Superintendent of Public Education. 

ART. CLXXL — REPEALING CLAUSE. 

Sec. 3. All conflicting laws are repealed. 

art. CLXXII.— NEW ORLEANS NORMAL SCHOOL. 

The state Board of Education adopted, May 30, 1885, the fol- 
lowing resolution, viz : 

That the accumulated rents and revenues derived from the 
rental of the State Normal School property, situated in New Or- 
leans be turned over to the Board of Directors of the Public 
Schools of New Orleans for the use of a Normal School, to be 
established in the city of New Orleans by the said Board ; pro- 
vided, such Normal School be established ou or before the first 
day of January, 1886, and provided farther, that the plan of or- 
ganization of such school should be submitted to the Board ot 
Education for approval. 



FEEE PUBLIC SCHOOLS. 81 

ART. CLXXIII. — PLAN OF ORaANIZATION OF THE NORMAL SCHOOL 

1. — The school to be located iu the Girls' High School building 
on Calliope street . 

2.— Daily sessions to be held on at least three school dayy of 
the week, and on Saturday morning, during such hours as may 

be determined hereafter by the Board of Directors as most 
convenient and advantageous to the students. 

3. — The annual session to be not less than six months, pro-- 
vide the means at the disposal of the directors are sufftcient 
to pay teachers and defray other necessary expenses for that 
time. 

4.— ISTo student shall be admitted to the Kormal Schools who is 
less than sixteen years of age; nor shall any student he admitted 
by transfer from grammar departments of our Public Schools, 
without an intervening course of studies. 

5. — Admission and promotion from one class to a higher, shall 
be by regular examination. The design of the school will be to 
promote the preparation and qualification of teachers for their 
work, and to encourage a preliminary course of study such as is 
pursued in our Girls' High School and in other institutions of 
similar grade. Rules for admission and graduation of students 
must have reference to this end. 

6. — The course of instruction in the various classes of the Nor- 
mal School shall embrace : 

a. — A review, fiom the teacher's standpoint, of the ordinary 
branches of a common school education. , 

h. — Physiology and hygiene, with the aid of any course of lec- 
tures which mjiy be given to teachers, under the sanction of the 
Board, upon these subjects. 

c. — Drawing. 

d. — Theory and practice of teaching. 

7. — Instruction free . 

8. — The I^ormal school is under the management and control of 
the New Orleans Board of Directors. They select the teachers ; 
pass all ne(!essary regulations for the admission and gradlia- 
tion of students : 

1. — The teachers are a principal and two assistants. 

2. — The x)rincipal has charge of the discipline of the school and 
gives instruction in the theory and practice of teaching. 

3. —One of the assistants is the teacher of mathematics, the 
other of English grammar, geography and history. 

4. — The teachers are paid monthly. 

5. — The Finance Committee of the Board has charge of all the 
funds for the support of the Normal School. 



82 LAWS OF LOUISIANA. 

ACT No. 65, APPEOVED MAECH 21, 1865. 

ART. CLXXIV. — FRANKLIN COLLEGE PROPERTY AT OPELOUSAS. 

Sec. 1 . The Franklin College, at Opelousas, Louisiana, with 
all its grounds and appurtenances is hereby under the control of 
the State Board of Education, for the purpose of establishing a 
normal or high school. 



TULANE UNI\^EESITY. 



Act 43, approved July 5, 1884, to foster, maintain and develop 
the University of Louisiana. 

ART. CLXXV. — BENEFrCIARIES. 

Sec. 6. That in consideration, of the vesting of the adrainis- 
ration of the IJiiivi^rsity of Louisiana in the said Administrators 
of the '^Tulane Education Fund;' of the transfer of the rights, 
))Owers and privileges, franchises and immunities of the said 
University to said Administrators, and of the exemption from all 
taxation as hereinbefore provided, the siid Administrators 
hereby agree and bind themselves. 

As an additional consideration between the parties to this 
Act, the said Board agiees to give continuously, in the acalemic 
d(^partment, free tuition to one student from each Senatorial and 
from each Eeprcsentative district or parish, lo be nominated by 
its members in the General Assembly from among the bona fide 
citizens and residents of his district or parish, who shall comply 
with the requirements f )r admission established by said Board. 
The mnauing of this provision being th it each member of the 
Grdueral Assambly, wht^ther Senator or E^presentative shall have 
the right of apoointing one student, in accordance with the 
foregoing j)rjvisioas. Tha fre^ tuition hjroin provided for shall 
continue until *^ach student h rs graduated from the academic 
department, uales? his SL^holar-.hip has C3ase I from other causes. 
Whenever a stdiolarship bncomes vacant, from any cause, the 
Senator or Ejpres iutative who a()[)ointed the previous student, 
or his successor, shall in the mmner prescribed by this section 
immediately name a successor. 



FREE PUBLIC SCHOOLS. 83 

LOUISIANA STATE UOTVERSITY AKD AORICULTU- 
EAL AND MECHANICAL COLLEGE 



ACT No. 100, OF THE YEAE 1886. 

ART . CLXXVI. — CADETS. — BENEFICIARIES . 

Section 1. That each parish shall have the rigjht to delegate 
to the Louisiana State University: and Agricultaral and Mechan- 
ical College, one beneficiary cadet, and that the City of New 
Orleans shall have the right to delegate to said institution, seven- 
teen beneficiary cadet, or one from each - ward of said city, 
said beneficiaries tc remain at said institution 4 years, unless 
sooner graduated or otherwise discharged ; provided, that no 
beneficiary cadet shall be permitted to resign from said institu- 
tion without the consent of the board of supervisors thereof, 
which consent shall be given only in a case of urgent necessity, 
such as serious and long protracted ill health, duly declared 
by certificata of the surgeon of said institution or other compe- 
tent physician, to be of such nature as to render it impossible for 
said cadet to pursue his studies with advantage. 

ART. CLXXVII. — POLICE JURIES AND THE CITY COUNCILS TO 
ELECT THE BENEFICIARIES. 

Sec. 2. That the Police Jury of each parish and the City 
Council of New Orleans, respectively, may, at a regular meeting, 
elect the number of beneficiary cadets to which said parish or 
cily is entitled as aforesaid, of such age and qualifications as 
may be prescribed by the board of supervisors for admission to 
the college and classes of said University and Agricultural and 
Mechanical College, and shall cause the beneficiary so elected to 
report in person at said institution on or before said 5th day of 
October; provided, that said beneficiary cadet shall be stdected 
from the number of these residents of said parish or of sai<l city, 
who have not themselves, nor have their parenrs, the means of 
defraying the whole of their necessary expenses of maintenance 
and support at said institution, whicii facts shall be duly certified 
to the president of said institution by the president of said Police 
Jury or said City Council of New Orleans as true, to the bett of 
his knowledge and belief. 

ART. CLXXVIII. — MAINTENANCE AND BOARD OF BENEFICIARIES. 

That for the maintenance and board of said beneficiaries in 
said institution, the police juries of the several parishes and the 
City Council of the city of New Orleans be and are hereby au- 
thorized and empowered to appropriate out of their respective 



84 LAWS OF LOUISIANA. 

treasuries a sufficient sum to defray the necessary expenses of 
said cadets as appointed under the provisions of this act ; pro- 
vided^ that the expenses of no cadet shall exceed $2o0per annum:, 
provided fiirtker, that under no circumstances shall any part of 
this sum be paid by the State, 

ART. CLXXIX — APPROPRIATION FURTHER AUTHORIZED . 

Sec. 5. That in order to take advantao-e of the right granted 
to each parish and to the City, of New Orleans in section 1 of 
this act, each parish and said city shall make an appropriation 
of $150 2)er annum out of any money in its treasury for the maiu- 
teuance and board in said iustitutiou of each beneflary cadet 




the police juries of the several [larishes and to the City Council 
of New Orleans. 

NoTA. — No cliarges are made for tuitioa, as this iustitutiou Avhether tlie 
cadets, be beneficiaries or uot. For furtlier iuformation see act of incorpo- 
ration . 



ACT 19, APPliOVED JULY 10, 1888. 

ART. CLXXX.— DEAF AND DUMB AND THE BLIND. 

Sec. 1. This institution is united under one management and 
control. 

ART. CLXXXI. — BOARD OF ADMINISTRATORS. 

Sec. 2. Consist of five members, to be appointed every four 
years by the Governor. 

ART. CLXXXII. — SUPERVISION AND CONTROL. 

Sec. 3. Are entrusted to the Board. 

ART. CLXXXIII. — INSTRUCTION AND SUPPORT. 

Sec. 6. Are pro'^ided for the deaf and dumb and the blind 
residents of this State, of sound mind and proper health, be- 
tween the ages of eight and twenty-five, th< y are entitled to be 
admitted in this institution as pupils, and to be j)rovided with 
board, lodging, me<liciue and medical attendance at the expense 
of this institution (if they are in indigent cii*cumstances). They 
may also be furnished with clothing, and with traveling expenses 
to the institution and from the institution . 



FEBE PUBLIC SCHOOLS. 85 

AKT. CLXXXIV.— TEEM FOE, WHICH ADMITTED. 

Sec. 7, Pupils admitted botween eight and fourteen years of 
age may continue in the institution eight years — also those ad- 
mitted between the ages of fourteen and seveuteen years, and all 
admitted at an age exceeding seventeen years may coutinu five 

years. The board may extend the limit two years ia each case. 

• • 

NOTA. — There is a printing department in whicli tlie deaf mutes aretaiiglit 
the art of printing. 

It is proposed to teach them to work in wood, and give them other manual 
training ; to prepare them to earn self-support and competencj^ by manual 
labor, at the same time that they are given the advantages of education. 



ACT. 87, APPEOVED APRIL 10, 1887. 

ART. CLXXXV.— SOUTHERN UNIVERSITY. 

Under this act the Southern University was established. 

The Governor *)i the State, Samuel D. McBnery, says, in his 
annual message (1888) in regard to this institution: 

"By authority of tlie G-eneral Assembly, granted by Act No. 
13, of 1886, the BoanJ of Trustees of the Southern University 
sold the property on Calliope street, near St. Charles Avenue, 
in New Orleans, to the McDonough School Fund for 115,000, and 
with the proceeds have purchased ample premises on Magazine 
street, between Dufossat and Soniat streets, and built a large, 
commodious and beautiful school building, ornamental to the 
vicinity, and worthy of the noble objfct of the institution." 

This college is iutended to give to the colored citizens of Loui- 
siana the means of higher education to their children. 

The progress of the students has been satisfactory. 

NoTA.— This institution supplies tlie places of a High Scbool and of a 
Normal School in the City of New Orleans, respecting the pupils of color. 



PEABODY EDUCATIONAL FUND. 



ART. CXXXVI. — THE TRUSTEES. 

This fund, under the able management of the Trustees, is dis- 
tributed in accordance witli the last will of the Great Philan- 
thropist. 

The greater part of the income is used in educating teachers 
for the public schools. 

Aid is given to the State Normal Schools of a high order. 

Only free public schools are aided. 



86 LAWS OF LOUISIAKA. 

The trustees have organized an institution of collegiate grade 
at Nashville, Tennessee, for the education and professional train- 
ing of teachers. 

The amount allowed each student annually is $200. 

Louisiana is iavored with eight scholarships. 

This year three vacancies have been filled. 

The next year there will be five vacancies at this institution. 

The applicant must be 17 years' of age. 

Must produce a satisfactory certificate of moral character, gen- 
tlemanly or lady-like habits and presumed good health; mast 
declare his intention of making teaching a profession ; must give 
pledge to remain at the College two years, and to teach in the 
public schools of his or her own State at least two years if there 
is an opportunity. 

ART. OLXXXVII. — DISTKIBUTION OF THE FUNDS. 

The discretion of the Trustees is absolute in distributing the 
fund. The State Superintendent of Public Education must con- 
form to their rules and regulations. 




INDEX 



Art. it. — Authority and duty of the State Board of 

Kducatiou 17 

Art. IX.— Attorney of the Parish Boards 20 

Art. XIX. — Accounts the State Superinteudeilt sliall keep. 22 
Art. XXVII. — Additional (compensation aUowed for certain 

services of the Parish Superintendent 24 

Art. XXXY. — Attendance of the teachers' obligatory 26 

Art. LXIV. — Authority of the directors Parish of Or- 
leans 34 

INDEX TO LAWS DATED PRIOR TO ACT 81, AND AUXILIARY 

THERETO. 

Art, LXXVI. — Attorneys may be appointed to protect 

school interest 40 

Art. LXXX. — Assessors — Annual enumeration of youths. 41 
Art. civ, — Act of the Congress of the U. S. approved 

February 15th, 1843 47 

Art. CXII. — Accumulations and re-investments 55 

INDEX to act 81 OP 1872. 
Art. CXY . — Abolishment of the school fund 60 

INDEX TO DIFFERENT ACTS. 

Art. OXXXII. — Auditor to ascertain the amounts due 

townships 66 

Art. CLVII. — Amounts paid in error recoverable 77 

Art. CLXI. — Authority of the Board of Administrators. . , 78 

Art. CLXII . — Appropriations 78 

Art. CLXIII — Annual sessions 78 

Art. CLXXIX. — Appropriation further authorized 84 



B 

Art. XIV. — Branches to be taught, also the French lan- 
guage in those localities where the French language 
predominates 21 

Art. XX.— Biennial report and what it shall contain and 

number of copies to be printed and distributed 23 

Art. LVII. — Bond of the Treasurer 32 

Art. LXXr.— Budget of annual expenses, what it shall 

include 38 

Art. ex.. .Bonds 55 



88 INDEX. 

Art. OLIII. — Branches of studies 73 

ART. CLIX. — Board of administrators 78 

INDEX TO ACT 182 OF 1853. 

Art, CLXXV.— Beneficiaries 82 

Art. CLXXXI. — Board of Administrators 84 



c 

Art. XXII. — Copies of tlie State Superintendent's records 

and papers admissible in evidence 23 

Art. XXVIII. — Committee for the selection of teachers.. 24 

Art. L. — Certificate required as a requisite to the employ- 
ment of a teacher 30 

Art. LXIL— City Schools 33 

INDEX TO ACT OF JULY 12, 1888, RELATING TO POLL 
TAX COLLECTION. 

ART. LXXX IV.— Collection of the Poll Tax 43 

INDEX TO ACT 126 OF 1882. 

Art XCV. — Conditions the donor can impose 45 

INDEX TO DIFFERENT ACTS. 

Art. CXXXI. — Capital due the several townships 66 

Art. CXXXIII. — Current funds for Schools in State treas- 
ury 67 

Art. CXXXIY — Capital due the several townspips 67 

Art. CXXXVI. — Cultivating or inclosing 16th sections. 

Penalties 68 

Art. CXLV, — Certificate to be filed by the teacher 71 

Art. CXLYII — Certificates of indebtedness. 71 

Art. CLXV — Course of studies 78 

Art. CLXVI. — Condition for admission 78 

Art. CLXXVI,— Cadets. Beneficiaries 83 



D 

Art. VII. — Duty and authority of the Parish Boards 18 

Art. XI. — Divisions of Parishes into school districts 20 

Art. XV. — Duties of the President of the School Board 21 

Art. XVIII.— Duties of the State Superintendent and the 

schools subject to his supervisory control 22 

Art. XXIV. — Decisions to be made by the State Superin- 
tendent and appeals from his decisions 23 

INDEX TO ACT 126 OF 1882. 

Art. XCIII — Donations for educational, charitable or liter- 
ary purposes 45 

Art. XCIV.— Donors 45 



INDEX. 89 

Art. XOIX.— Duty of the trustees 46 

Art. C. — Duty of the trustees respecting other donations. . 46 

INDEX TO U. S. LAWS RELATING TO DONATION. 

Art. cm. — Donation according to Federal representation. 47 

INDEX TO ACT 126 OF 1882. 

Art. CXX. — Decision 59 

Art. OLXXX.— Deaf and Dumb and the Blind 84 

Art. CLXXXYII.— Distribution of the funds 86 



Art. XLIY. — Examination of applicants to be appointed 

teachers, by whom conducted and how 28 

Art. XLV. — Examination fee 29 

Art. XLVI. — Examiners, their duties and penalties for non- 
performance 29 

Art. LXIX. — Ex - Officio members 37 

Art. CXLIV. — Examination of teachers on the subject 71 

Art. CLVI. — Error in apportioning school funds 77 



Art. XLIX. — First grade certificate 29 

Art. LV. — Fines and bonds forfeited; to be collected for 

the support of the common school 31 

Art. CI. — Fidei commissae 47 

INDEX TO U S. LAWS RELATING TO DONATIONS. 

Art. CII. — Free schools — Donation 47 

Art. CVI. — Funds can be invested by legislative authority- 48 

Art. C VIII. — Free school fund 54 

INDEX TO ACT OF C. OF 1879. 

Art. CXVI. — Free school fund, seminary fund and agricul- 
tural and mechanical college fund 67 

Art. CLXIV.— Faculty 78 

Art. CLXXIY. — Franklin College property at Opelousas. . 82 



a 

Art. X. — Graded and high schools and authority of the 

parochial boards in that connection 20 

Art. XCII. — General revenue act 44 

INDEX TO act 126 OF 1882. 

Art. XCVIII. — Governor may whenever there is a failure 

on the part of the trustees to accept, appoint others . . 46 



90 INDEX. 

Art. LIX. — How the school fund shall be disbursed 32 



I 

Art. XXI.^ — Institution of the blind, and the deaf and 
dumb. Eeports and suggestions to be made by the 

State Superintendent 23 

Art. XXXIX. — Institute managers in the parishes 27 

Art. XL. — Institute fund. How collected, kept and ex- 



pended 



9 



Art. XLI. — Institute, not applicable to New Orleans 27 

Art. XLII. — Institutes ordered to be held by the State 

board. Attendance and how held 27 

INDEX TO. LAW DATED PRIOR TO ACT 81 OF 1888 AND AUXIL- 
IARY THERETO. 

Art. LXXIX. — Indebtedness of parish school boards, lim- 
ited 41 

INDEX TO ACT 182 OF 1857. 

Art. CXL— Interest 55 

INDEX TO DIFFERENT ACTS. 

Art. CXVIII. — Improvement tax 58 

Art. CXXXIX.— Illegal ceitificates of indebtedness 69 

. HYGIENE AND TEMPERANCE . 

Art. OXLII. — Instruction to be given 70 

Art. CLXXXIII . — Instruction and support ^ . 84 



Art. XXXYI. — Length of time for sessions and forfeitures 

for non-attendance ., 26 

INDEX TO acts DATED PRIOR TO ACT 81 OF 1888 AND AUXILIARY 

THERETO . 

Art. LXXXHI.— Limit of poll tax 43 

INDEX TO LAWS OF THE U. S. RELATIVE TO DONATION. 

Art. CV.— Lease of land 48 

INDEX TO ACT 126 OF 1882. 

Art. CXXVIIL— Lease of land 63 

Art. GLI. — Legal authorities on the subject of school dis- 
cipline 72 



INDEX. 91 



Nl 



Aet. XXXYII.— Members of these Institutes may be hon- 
orary or active 26 

Art. OXXX.— Mode of annulling sales 64 

Art. OLXXVIII. — Maintenance and Board of Beneficiaries . 83 



Art. XXIII. — Neglect of duty to be reported and the im- 
proper use of the school funds 23 

INDEX TO LAWS DATED PRIOR TO ACT 81 OF 1888 AND AUXILIARY 

THERETO. 

Art. LXXVIII. — Negotiable evidence of debts cannot be 

issued 40 

Art. CL. — Notice to be issued by the Auditor 72 

Art. CL VIII.— Normal Schools at Natchitoches 77 

Art. CLXXII.— New Orleans Normal School 80 



o 

Art. XIII. — Option when school districts adjoin as to which 

school certain children will attend 21 

Art. XXXII. — Oaths they may administer 26 

Art. XXXI II. -Office days of the Parish Superintendent. . 26 

Art, LXIIl. — Organization of the Board and salary 33 



P 

Art. III. — Parochial boards of school directors, rules for 
the government of schools and the uniformity of 
text books ,. 17 

Art. IV. — Parish Superintendent; additional report may 

be required of him by the State Board of Education . . 18 , 

Art. XXV. — Parish Superintendent: 24 

Art. LIV.— Police Juries and all municipal corporations 
except New Orleans to levy 1^ mills for school pur- 
poses in their annual budget 31 

Art. LXXII.— Provisions for affording proper evidence of 

claim . 39 

INDEX TO ACTS PRIOR TO ACT 81 OP 1888 AND AUXILIARY 

THERETO. 

Art. LXXXI.— Parish Superintendent's duty respecting 

enumeration of youtjis 41 



92 INDEX. 

Art. LXXXII.— Poll tax 42 

INDEX TO ACT 89 OF 1888 RELATING TO POLL TAX. 

Art. LXXXVI.— Penalties 43 

INDEX TO ACT 126 OF 1882. 

Art. XOVI — Property cannot be made inalienable. ...:... 46 

INDEX to act 182 OF 1857. 

Art. CIX. — Perpetual and trust fund to bear six per cent 

interest per annum 55 

Art. CXXI.— Publication 59 

Art. CXXIX. — Proceeds of lands accruing to townships. . . 64 
Art. CXLVI. — Postponement in some respect of the en- 
forcement of part of the law 71 

Art. CXLIX — Provision further upon the subject 72 

Art. CLXX. — Proceeds of the sale — how to be ajipro- 

priated 80 

Art. (JLXXIII. — Plan of organization of the Normal 

School 81 

Art. OLXXVII. — Police Juries and the City Councils to 

elect the beneficiaries 8? 



R 

Art. VIII. — Eemoval of Parish Superintendents and their 

appeals '. 19 

Art. XXIX. — Eeport of school children in each parish and 

district, when to be made and by whom 25 

Art. XXX. — Report annually by the Parish Sux)erinteudent, 
to whom made,W'hen,what it shall contain and penalty 
for failure to make the report. . 25 

Art. XXXI. — Record they shall keep, description of school 

districts, custody of papers and documents 25 

Art. XXXVIIL— Roll of members 27 

Art. XLIII. — Reports to be made by Parish Superinten- 
dents respecting institutes 28 

Art. LI. — Register and report to be made monthly by 
^ teachers 30 

Art. LIII. — Revenue . . .*. 30 

Art. LXI. — Receipts and disbursements, account of, when 

required and how be made , 33 

Art. LXX. — Report of the Board,when and to whom made, 

its contents 37 

Art. LXXIII. — Restrictions on contracts and debts 39 

Art. LXXIV. — Repeal of all conflicting clauses 39 

INDEX TO LAWS ADOPTED PRIOR TO ACT 81 OF 1888 
AND AUXILIARY THERETO. 

Art. LXXVII. — Rights of free passage over streams, etc. . 40 



IKDEX. 93 

INDEX TO ACT OF 89 1888, EELATINa TO THE POLL TAX. 

Art. LXXXV. — Eetnrn of collections to be made by tlie 

sheriffs and tax collectors 43 

Art. LXXXVII. — Eule to show cause of non-compliauce. . 44 

INDEX TO ACT, JULY 1886, NO. 87. 

Art. LXXXVIII.— Receipt required 44 

Art. XC. — Eeport to be made by the Clerk of Court or 

other officer 44 

Art. XCI. — Revenues from local taxation 44 

INDEX TO ACT 182 OF 1857. 

Art. CXIIL— Rent of 16th section to be paid to Parish 

Treasurers 56 

Art. CLV. — Rate of compensation to teachers 76 

ART. CLX. — Residence of the Members of the Board 78 

Art. CLXXI. — Repealing clause 80 



s 

Art. I. — State Board of Public Education 17 

Art. VI. — School Boards are bodies corporate 18 

Art. XII. — School districts in two adjoining parishes, how 

laid off 21 

Art. XVI. — State Superintendent of Public Education 22 

Art. XVII. — Salary of the State Superintendent, his office, 

stationery, clerk and porter , 22 

Art. XL VIIL — Second grade certificate 29 

Art. LII. — Studies |)rescribed by the board to be followed 

and accountability of pupils to teachers 30 

Art. LVI. — School treasurer 31 

Art. LXV.^ Services of city board shall be rendered 

without comi)ensation 36 

Art. LXVI. — Superintendent of New Orleans city schools, 

his duties, authority, salary 36 

INDEX TO LAWS DATED PRIOR TO ACT 81 OF 1888, 
STITL in FORCE AND AUXILIARY TO THAT ACT. 

ART. LXXV. — State and Parish Boards cannot be com- 
pelled to give bond and security in suits - . 39 

INDEX TO DECISION OF THE STATE COURTS. 

Art. CVII. — State a trustee 48 

INDEX TO act 126 OF 1882. 

Art. CXIX. — Special tax, how levied 58 

Art. CXXII.— School house and public improvement 59 

Art. CXXIIL— School lands. Their sales. How to be 
made. Duty of Parish Treasurer respecting public 

school lands 62 

Art. CXXIV.— Survey of school lands 62 



94 INDEX. 

Art. CXXV.— Sale on the order of tlie Auditor 62 

Art. CXXVI. — Sale of sections, divided by lines of par- 

islies 63 

Art. CXXXVII. — Scliool property exempt from seizure... 68 
Art. CXXXVIIL— Sixteenth sections and court decisions 

respecting them 68 

Art. CXLI. — Sales of sixtefuth sections 69 

Art. CLIV. — School Directors 73 

Art. CLXVII. — Site of JStormal School in New Orleans un- 
der control of State Board of Education 79 

Art. OLXVIIL— State Board of Education— Right to sell . 79 

Art. OLXXXII. — Supervision and control 84 

Art. CLXXXV.— Southern University 85 



Art. V. — Term of ofiEice of the members of the Parisli 

Boards and ot the Parish Superintendents 18 

Art. XXXIV. — Teachers' institute or association 26 

Art. XLVII. — Third grade certificate 29 

Art. LVIII . — Transfer of school f u nds 32 

Art. LX. — Treasurer's compensation 33 

Art. LXVII — Treasurer of New Orleans, ex- Officio treasu- 
rer of the Board, his bond 36 

Art. LXVIII. — Treasurer's office, removal, successor, sal- 
ary 37 

INDEX TO ACT 87 OP 1886, RELATING TO POLL TAX. 

Art. LXXXIX. — Tax (poll) to be deducted if receipt be not 

produced , 44 

INDEX TO ACT 126 OF 1882. 

Art. XC VII. — Trustees to organize in a body corporate. , . 46 

INDEX TO ACT OF 182 OF 1857. 

Art. OXIV.— Trust Fund 56 

INDEX TO ACT OF THE CONSTITUTION AUTHORIZINGr 
THE INCREASE OF TAXATION. 

Art. OXVIL— Taxation possible to erect and construct 

public buildings. . . * • . . . 58 

Art. OXXVII. — Treasurer's commission , 63 

Art. CXXXV. — Timber on sixteenth section. Cutting or 

burning same 68 

Art. CXLIII.— Text books 70 

Art. CLII. — Teachers' judgment about discipline 73 

Art. CLXIX.— To authorize the State Board of Education 

to sell certain j)roperty 80 

Art. CLXXXIV.— Term for which admitted 85 

Art. OLXXXVL— The Trustees 85 



INDEX. 



95 



V 

Art. XXVI.— Visits to be made 



24 



w 



Art. OXLVIII.— Warrants issued under the preceding sec- 
tion 71 




RULES AND REGULATIONS 



ADOPTED BY 



The State Beard ef Edadatiari, 



STATE OF LOUISIANA, 



FOR THE 



GOTERNMENT OF THE PUBLIC SCHOOLS. 



EuLE I. The elementary schools in cities and towns shall 
contain at least six grades, viz : — first, second, third (and possi- 
bly fourth), primary and first and second Grammar Departments ; 
but such changes may be made by the local board as the condi- 
tion of the locality may requiie. 

EuLE 11. — In the primary departments there shall be taught : 
spelling^ reading, phonetics, writing, geography, arithmetic and 
object lessons. 

In the Grammar Departments, thorough instruction shall be 
given if the derivation of words, dictation, reading, writing, 
arithmetic, grammar, geography, history, elocution, composition, 
declamation, the natural sciences, and when possible, vocal and 
iristramentai music, also drawing. It is recommended that the 
French language be taught in those localities, where the French 
popuiatior* predominates, provided, the expense s of the school 
are not increased. 

EuLE III-— The High School, or Central School shall continue 
the instruction of such youths as can pursue such studies as will 
best prepare them for admission to The Kormal Schools, or to the 
freshmc«n class of Tnlane University and the freshman class of 
the Louisiana State University and A. «& M. College. 

Exile IV.— The Normal Schools shall have for object the pro- 
fessional training of young men and women as teachers for the 
common schools of the State, and to thereby improve the stand- 
ard of the public schools. 



98 STATE BOAED OF EDUCATION. 



SCHOOL SESSIONS. 

EuLE V. — The scTiolastic year skall commence on the first 
Monday in January, and the schools shall conrinue open during 
the session and during such times as the local board may deem 
proper. 

EuLE VI.— The daily sessions shall not be less than five hours. 

EXAMINATION OF TEACHEES. 

EuLE VII. — A public examination shall be held at least once 
each year. All the classes in the High Schools and Normal 
Schools shall be examined in writing in each branch of study 
when it is completed. 

VACATIONS AND HOLIDAYS. 

EuLE VIII.— The schools shall be closed on Saturdays and 
Sundays, and on such other days as may be directed by the Par- 
ish Boards. 

TEACHEES. 

EuLE IX. —Teachers shall be at their respective rooms at 
least 15 minutes before the hour of opening each session, and 
shall, in their daily registers, to be kept by the Principal, record 
the names and the time of arrival of each teacher ; and any 
teacher not complying, shall be reported to the local saperintend- 
ent, for such action as he may see proper under the laws, rules 
and regulations. 

During any recess or intermission, the teachers shall remain 
on the school grounds, or in the premises. 

EuLE X. — The jurisdiction and authority of the teacher over 
the pupils shall not be limited to the school house or enclosures 
nor to the actual session of the school. Generally in matters 
connected with the schools and the manners and morals of the 
scholars, his authority, with that of the parent, commences when 
pupils leave the parental roof and control, to go to school, and 
shall continue until their return from school. The teacher how- 
ever, shall not be responsible for the misconduct of pupils on the 
way to and from school, though he shall have the right to punish 
for misconduct when brought to his knowledge. 

EuLE XL — The teachers shall bestow equal and impartial at- 
tentioin. on all their pupils. They shall maintain discipline and 
pay regard to the morals of their pupils. 

EuLE XII. — It shall be their duty to practice such discipline 
in their schools as would be exercised by a kind and judicious 
parent ia his family, always firm and vigilant but prudent. They 
shall endeavor on all proper occasions, to impress upon the miuds 



EULES AND REGULATIONS. 99 

of their pupils the principle of morality and virtue; a sacred 
regard for truth,, reverence for the Creator, respect for one an- 
other, rectitude, industry and frugality. Bat no teacher shall ex- 
ercise any sectarian or political influence in the school. 

They shall see that all pupils under their charge distinctly un- 
derstand all rules relating to pupils, and they shall teach them 
the roles of health— hygiene and the bad effects of narcotics, as 
required by Act No. 40 of the General Assembly of 1888. 

Rule XIII. — Any teacher who may be absent from school on 
account of sickness or other necessity must cause immediate 
notice to be given to the local superintendent . Teachers absent 
three consecutive days without cause may be considered as hav- 
ing abandoned their positions. 

Rule XIY. — No teacher shall resign without giving two 
weeks notice to the local superintendent, else he may be made 
to forfeit oae half month's pay. 

Rule XY. — Teachers shall n; t hold any position of higher 
grade than the one corresponding to their certificates, nor shall 
the salary be larger than th-it allowed to the grade in which 
they teach . 

Rule XVI.— All teachers shall attend the State and Parish 
Institutes, when notified by their superintendent. 

PRINCIPAL TEACHERS. 

Rule XVII. — The principal teachers shall keep a register, in 
which they shall record the name, age, birth place, residence, the 
names of the parents or guardians of each pupil entering the 
public schools, also the occupation of the parent or guardian. 

Rule XVIII. — The principals shall be required within one 
week after the commencement of each term, to have the pro- 
gramme of their daily exercises posted in the school room, in a 
conspicuous place, and shall transmit a copy to the local super- 
intendent and one to the State supeiintendent. 

Rule XIX. — They shall keep a daily record of all pupils ad- 
mitted; those present, those absent or tardy. They shall, at the 
end of each month, report the condition of their respective 
schools to the local superintendent, and file, in his ofifice, a coi)y 
of their respective registers, an<l, at the close of the school year, 
shall forward a certitted copy of said register to the State Board 
of Education; they shall also keep records and make reports as 
required by Act No. 81, of the year 1888. 

Rule XX. — The principal shall have supervisory control of 
the grounds, buildings and appliances, also, furniture and other 
common school property, and shall be held responsible for any 
want of neatness or cleanliness of the premises. 



100 STATE BOAED OF BDUOATIOK 

Whenever repairs are needed, the president of the school board 
should be notified by him . 

PUPILS' ADMISSIOI^. 

KuLE XXL — Children entering the public schools are required 
to furnish all the necessary text-books and stationary used in 
their classes. The pupils are to be admitted in the primary 
schools not younger than six years. A pupil can begin school 
only on the first day of each week, and is to be be accompanied 
at the time of his admission, by one of his parents, or guardian, 
or by a friend who will see to the proper registry of his name 
and furnish any further needtul information. 

Rule XXII. — They must attend the school established in the 
local school district in which they reside, or such school as the 
local board may designate. 

EuLE XXIIL — All transfers within the schools, or from one 
school to another, rendered necessary for any cause, shall be 
made by authority of the local superintendent. Pupils wishing 
transfers, must produce certificates from their former teachers, 
stating their reasons and the class to which they belonged. 

EuLE XXIV. — No pui)il shall be admitted to school after ten 
o'clock, or be allowed to depart before the appointed hour, ex- 
cept ii^ case of sickness, or for other cause in the judgment of tbe 
teacher. 

EuLE XXV.— No pupil shall be admitted to the High School, 
unless he has undergone a sufficient and satisfactory examination. 

DIRECTIONS TO SCHOOL OFFICEES AND OTHERS CON- 
NECTED WITH THE PUBLIC SCHOOLS. 

EuLE XXVI. — Officers connected with the department of 
public scliools, and all the employees are earnestly requested, 
indeed directed, to exert every resonable endeavor to the pro- 
motion of the schools. They should avoid all antagonism and 
unkind opposition, but should never fail whenever opportunity 
otters, to exercise their influence in behalt of a system that gives 
to many youths of our State, the opportunity of escaping from 
the benighted condition of the absolutely illiterate. 

In all matters of revenue for the schools, they should always 
endeavor to create a healihy condition, thereby assisting in set- 
ting aside (without its being a burden to any one) a sufficient 
amount to maintaiii the school system as it should be. 

By co-operative action the schools will become the pride of the 
State and reflect its excellence, and the contributors will be more 
than rewarded by the improved condition. 



EULES AND EEGULATIONS. 101 

EULES FOE THE EXAMIKATIOl!^ OF TEACHBES. 

I. — Teacliers shall not be examined to teacli nor be given a cer- 
tificate unless tliey enjoy a good moral cbaracter. 

The committee of examiners shall cause teachers to appear be- 
fore them and be examined in the branches they arejto teach. 

TI. — The examination, when two or more apply, for the same 
position, slinll be competitive; the questions shall be answered 
in writing in presence of the examiners, in all branches in which 
such an examination is practicable. 

III. — The written answers shall be examined, the merit marks 
or figures noted, and the candidate receiving the largest aggre- 
gate shall be preferred, provided, he is found competent. 

lY. — A record of examination shall be kept by the local super- 
intendent and shall be subject to the inspection of any officer 
connected with the schools. 

V. — Candidates shall be classified as follows, viz : 

1st. — The central or High School Grade. 

2nd. — Principals in the grammar departments. 

3rd. — Assistants in the grammar departments. 

4th. — Those in the primary departments, with such salaries in 
each department or grades as the School Board deem proper. 

5th. — Public notice should always be given of the day the ex- 
amination will be held . 

6th. — The appointee may be given charge of a school on pro- 
bation during a period not longer than one month, during which 
time, permanent engagement may be made, — else he should not 
be employed, but paid for the services rendered. 



OUTLINE OF STUDIES. 



UNGEADED SCHOOLS. 

" The Superintendeiit of Education shall, whenever required, 
give advice, explanation, construction or information to officers 
and others, relative to the manigement of the schools and all 
other questions calculated to promote the cause of education." 
Section L>4, Act 81, of the year 1888. 

In presenting the following outline of studies it is not intended 
to be mandatory upon teachers, but they are urgently advised to 
follow this outline, unless they are certain that their own curri- 
culum is preferable. 

A course of studies is prepared with very little judgment, that 
is not a decided improvement on none at all. 

It should be understood that this outline is not presented as 
anything especially original. 

It is the result of selections made after considerable attention 
had been given to the subject. 

In organizing a school, the pupils should be classed as near as 
possible in accordance with the course of studies adopted. 
A programme of daily exercises should be prepared. 
The work should be reviewed frequently, and examinations 
should be made. 

Eules for examination should be adopted, and promotions 
made at stated times after a course of studies have been thor- 
oughly followed. 

In classifying, it is convenient to make the grade conform to 
the readers. 

The first grade should correspond to the time the child reads 
the first reader. 

The second grade, the second reader. And so on to and in- 
cluding the fifth reader. 

One year will be suificieut time to follow the first grade course, 
and a similar time for the second grade. 

The third and fourth require more time, generally. 
Fixed rules cannot very well be prescribed 
In every instance a systematic plan of work should be adopted, 
whether it conforms to the outline or not makes little difference, 
but we must impress upon teachers the importance of classifica- 
tion and of following a well defined outline of studies. 

A settled guide is desirable always, but this does not imply 
that the teacher should servilely follow a model. Diversity and 
departure from the beaten track are at times quite useful and 
improving. 



104 OUTLmE OF STUDIES. 

luitiou tliat is notliing but routine, and, as it were, mechanical 
work, will bring about very little if any beneficial results. 

Much must be left to the judgment, the invention and intellec- 
tual sympathy of the teacher. 

He will by close observation and experience, learn the nature 
and educable ability of his children and the instruction they 
need, and then calmly reason out and determine ujion the plan 
best adapted to impart this instruction. 

In this, to be successful, he will have to a lopt well defined 
methods. 

The object of this appendix is not so much to direct attention 
to a course of studies lio be adopted and an outline of work to be 
followed, but to i)articularly remind the teacher that some 
method must be followed or his labors will fall far short of the 
usefulness they should have. 

FIRST CLASS. 

TIME ALLOWED, NINE MONTHS. 

Familiar words as wholes, in print, i)resenting the object or its 
picture if necessary to give the pupils a clear conception of the 
meaning; i^upils construct sentences containing only these words. 

Pupils copy on blackboard and slates. 

Written words taught after thorough drill in printed words. 

Simple sounds of letters — First reader, about twenty pages. 

Long and short vowal sounds and sounds of consonants. 

Phonic analysis of words. Words of regular formation. 

Alphabet — Complete First reader. 

Review first reader. If possible read another first reader. 

Let supplementary reading be furnished the child. 

The fiist steps are important and should be correctly taken. 

They should be taught to observe objects. 

Easy and suggestive questions should be propounded. 

In teaching,use the words and phonic methods in combination, 
lead the children to recognize the sounds of which words are 
composed, and write sounds into spoken words; do not force this 
upon the children, but make them self active. 

Write upon the blackboard names of familiar objects, and 
teach the child to recognize the words and pronounce correctly 
as soon as pointed out. Keep a list of words learned upon the 
blackboard, and add new words as soon as learned. Review 
these words daily. 

The pronunciation of words is not readiug,but the preparatory 
exercise. The children should be able to understand clearly the 
meaning of the words. 

The teaching of new written words, and then combining them 
into sentences, should be continued until the child has learned to 
''take in" a short sentence at a glance, and read it with ease. 



OUTLINE OF STUDIES. 105 

SECOI^D CLASS. 

TIME ALLOWED, NINE MONTHS. 

LANGUAGE. 

READINa AND PHONICS. 

Conversations on subjects attractive to young pupils. 
Train theai to speak in complete sentences. 
Make grammatical sentences about familiar objects. 
Spell by writing all words in the reading lessons. 

AEITHMETIC. 

Teach counting and adding objects, as balls on the numeral 
frame, &c,, &c. 
All possible combinations of numbers to 7. 
Some of the combinations of 4, are given below. 

1 and 1 and 1 and 1. ^ 

2 and 2. 4 divided by 2. 

3 and 1. 4 divided by 4. 
1 and 3. 4 divided by 1. 
1 and 2 and 1. 4 divided by 3. 

1 and 1 and 2. i of 4. 

2 and 1 and 1. f of 4. 

4 times 1. f of 4. 
2 times 2. J of 4. 
1 time 3 and 1. f of 4. 
1 time 4. 4 quarts make 1 gallon. 

4 pecks make 1 bushel. 

Similar combinations should be made with other numbers. 

When number is referred to as applied to the work of children 
first entering schools,* distingnish between applied or concrete 
number and abstract or pure number. 

All true teaching begins on the foundation already laid in the 
mind of the child, and advances the work by intelligent measures 
as tbe mind develops. 

The teacher should see that the school room is supplied with 
objects for teaching numbers, and these are readily obtained. 

Beans, sticks, pieces of pasteboard, squares and triangles of 
pasteboard cost nothing; tiowers and leaves, any common object, 
with little ingenuity, represent to the mind of the child, cattle, 
horses, birds, peanuts, &c , and thus the work of teaching the 
combinations will become a pleasure to both instructor and in- 
structed. 

Don't begin the written book or the combination of abstract 
numbers till some skill has been gained by hauds and eyes in 
separating and discerning. 

The early use of abstract numbers will lead the child into the 
error of confounding figures with numbers which they represent. 
The teacher should make a clear distinction between numbers 



106 OUTLINE OF STUDIES. 

and their signs, and should never treat figures and numbers as 
identical . 

Before passing on from number 4, see that the child recognizes 
readily the number of objects when held before him; that he can 
select four objects from a number of objects before him 5 that he 
can select the J, ^ and | of 4; that he can make the grcujjs of ob- 
jects AYliich together mgke 4, or can be taken from 4. 

Have all patience with the tedious work in the beginning. 
The success of much after work depends upon the tborongbness 
acquired here. 

A possible combinations of numbers to 10, objectively and 
abstractly. 

Counting to 100, and by 2's and 5's to 50. 

The fractional parts of all numbers to 10. 

Have pupils make table of combinations to 10 — similar to the 
following : 



l&li&l&l&l 


& 1 & 1 


& 11 multiplied by 8. 


2 " 2 '' 


2 


« 2 




'' 


1 


u 




" an< 


3 " 3 " 


2 








8 minus 2 






2 " 3 " 


3 








8 


u 4 






3 <' 2 " 


3 








8 


" 8 






4 and 


4 








8 


" 1 






5 " 


3 








8 


" 3 






3 " 


5 








8 


" 5 






5 " 


2 


and 1 






8 


u 7 






1 '^ 


2 


" 5 




8 divided 


by 7 






2 " 


1 


" 




8 




" 5 






6 " 


2 






8 




u 2 






2 " 


6 






8 




" 1 






6 " 


1 


and 1 




8 




" 3 






7 " 


1 






8 




" 6 


• 




1 '^ 


7 






8 




" 8 






8 multiplied by 1 

4 a ti 2 

2 ^' "4 

3 " "2 


and 


8 
2 


t't' 


u 4 
1 2. 3 

4» 4? 4» 
7 2. A 


4 
45 

e. 

87 


i|of8 


1 " 




" 7 


u 


1. 











The number 7, suggest number of days in a week, and other 
facts which should be taught. 8-teach number of quarts in a 
peck. 
The teaching of decimals might commence at this time. 
Teach combination ot numbers to 12, counting by 3's, 4's and 
o'stolOO. 

Teach fractional parts. 
Teach forms as : 2 

3 2 I 10 10 5 • 

7 6 3 

5 — 

12 4 15 



rOUTLraE OF STUDIES. 107 

4 pints make quarts. 
6 |>ecks make bushels. 
2 gallons make quarts. 
9 feet make yards . 

COUNTIN& AND ADDING— OBJECT LESSONS. 

Form. — Common shapes, as square, oblong, ball, cylinder and 
cube; diflerent kinds of corners and lines. 

Color. — Common colors, as red, yellow, blue, green, orange and 
purple to be distinguished. 

Objects. — Names of common objects, their uses and principal 
parts. 

DRAWING AND WRITING. 

On Slates.— Sim-ple combinations of straight lines. Writing 
simple letters. 

SECOND READER. 

Drill in pronunciation and in learning the meaning of words 
should be continued. 

Give attention to the meaning of sentences and to the general 
ideas contained in the lesson. 

Give dictation exercises. 

Every reading lesson should be a lesson in language. 

First upon distinct articulation and natural tones. 

Teach them to read as they would talk. 

In assigning a reading lesson, have all new words pronounced 
by the class and spelled orally before any attempt to study it, so 
the pupils will not hesitate or stumble over words while reciting. 

Teach the diacritical marks for vowel and consonant sounds, 
drill careiuUy in these. 

Before beginning the Third Reader, test the pui)il's ability to 
read in some other Second Reader than his own. This rule holds 
good for all the grades. 

Sui)plementary reading of the proper character should be fur- 
nished in this grade also. 

1. Write and spell orally. 

2. Spell monosyllables by sound. 

3. Dictate sentences containing prominent words in lesson. 

4. Require exactness in the use of capital letters and punctu- 
ation in all written work. 

ARITHMETIC. 

FUNDAMENTAL RULES AND ROMAN NOTATION. 

Combinatiou of numbers through to 15, writing and reading 
numbers. 

Roman notation. 

Mental questions, simple an 1 j)ractical, which require the add- 
ing of numbers from 5 to 9, to numbers below^SO, also subtracting 
similar numbers. 



108 OUTLINE OF STUDIES. 

Combinations through to 18. 

Eead and write numbers to 100,000. 

Eeview. 

All combinations to 20 . 

Add and subtract numbers containing from two to five places. 

Divide, using divisors from 1 to 12. 
' Multiply niimbers from two to five places, using multiplier; 
from 1 to 12. 

The power to readily perceive the sum of two digital numbers 
and the difference between either of two digital numbers and 
their sum, is the basis of accurate and rapid computation. 

DRAWING AND WRITING. 

On Slates. — Copying of reading lessons, plain figures con- 
tinued. (Designs furnished by teacher.) 
On Paper. — Copy-book, No. 1 and 2. 

THIRD CLASS. 

TIME ALLOWED, NINE MONTHS. 

LANGUAGE. 

Continue to familiarize pupils with unfamiliar or difficult 
words, and have them to write sentences containing these 
words, i. e. 

Train them to express the thoughts of the author in language 
entirely their own. Question carefully in the lesson to awaken 
thought on the part of the pupils — when? how? what for! &c. 

Drill on phonic sounds. 

Read selections requiring attention in articulation. 

Teach pupils to define reading, accent, emphasis, pitch, 
punctuation marks, root-word, derivative word, and the use of 
pauses, viz: comma, period, interrogation point, apostrophe, 
hyphen, quotation. 

Impress the use of the above by writing selections on the 
board and requiring the pupils to copy, capitalizing and 
punctuating. 

The class should encourage selections, gems of thought. 

Phonics. — Words analyzed by sounds. Faults in enunciation 
corrected . 

Continue sentence building. 

Teach use of -'this" and "that," "is" and "are," "was" and 
"were," "has" and "have," also singular and plural forms of 
common name-words and action - words, giving sentences illus- 
trating change in the action - words when the subject changes 
its number. 

Simple rules for punctuation and capitalization. 

1. Spell with or without spelling-book. 

2. Spell principal words in the reading lessons. 

3. Define many words giving easy definitions. 



OUTLIITB OF STUDIES. , 109 

4. Eequire the phonic spelling for occasional words. 

5. Most of the spelling should be written. 

0. Continue dictation. 

7. liequire correct punctuation. 

ARITHMETIC. 

DBAWINCI AND WElTlNCi. 

On Paper. — Designs (straight lines) furnished by teacher. 
Copy-book No. 3 

1. Review notation and numeration. 

2. Read and write numbers to billions. 

3. Count by 4's, 5's, 6's, 7's, 8's and 9's to 100. 

I. Factoring, a. prime factors; h. divisors; c. greatest com- 
mon divisor; d. least common multiple. 

Drill shonid be given in all tlie ofjerations of factoring. 

5. Common fractions, a. definitions; 1). reh\tive values, using 
drill tables, as follows: 

CJuits Halves Fourths Eighths Sixteenths 



1 



8. 

1 6- 
1.6. 
1 6 
2.4 
IB 



■ . -* 2 4 S 16 

Require the pn|)ils to make similar tables, showing the relative 
values of fractions, using ^, i, \, &c. 41 

c. Reduction of fractions; d. addition; e. subtraction; /. multi- 
plication; g. division. 

The pupils should familiarize themselves with the principle iu 
every instance. 

6. D( cimal fractions, a. difference between common and 
decimal fractions; h. notation and numeration; c. di«<tinctiou 
between tens and tenths, huudreds and hundredths, &c., with 
their relative positions, with reference to the decimal point; 
d. results of aTiuexing and prefixing ciphers to decimals; e. rules 
for pointing off in multiplication and division of decimals. 

7. Denominate numbers a. detinitions 
U. S. or decimal currency, e. table. 

Tables of weights, nn.'asures, etc., completed and n viewed 
with practical illustrations and simple apj)lications. 

GEOGRAPHY. 

Teach cardinal and semi-cardinal points of the compass. 

Teach geography of the school room, giving relative directions 
of one object from another. 

Exercise in ficing and pointing in the various directions. 

\iY actual measurement, teach measurements to estimate dis- 
tances, as the toot, yard and rod. 

Make sketches of school-yard and its neighborhood. 

Get as accurately as possible the relative diiections and dis- 
tances. 



110 ^ OUTLmE OF STUDIES. 

Geography of I he section of country, teaching name, size, 
location of villages, churches, school-houses aud other objects 
of local interest. 

Sketch: Draw a map of the school-room, school-yard, &c., on 
a difinite scale, as one inch to the foot, or an inch to the yard. 

Teach matiers of local interest. 

The teaching should be as oral as possible, to this time. 

Teach surface, level or sloping, plane surface, hill, mountain, 
ridges of hills, mountain ranges, &c. 

FOURTH CLASS. 

TIME ALLOWED, ISINE MONTHS. 

LANGUAGE. 

In everj^ reading lesson seek to develop thought and an intelli- 
gent comprehension of the selection. 

Teach the ])upils to give substance of lesson in their own lan- 
guage, and require occasional compositions on topics assigned 
from the lesson. 

Teachers should carefully outline the subject ol composition 
until pupils attain some proficiency in the work. 

Have the different words of each lesson si)elled, and defined 
^t least one day before assignicg the lesson as a reading lesson. 
*These words should be selected by the teacher and written on 
thn blackboard for pupils to copy. 

Exercises in word analysis and synonyms should receive daily 
attention . 

1. Extend the definition work. 

2. Spell words by sound. 

3. Give occasional lessons requiring the proper sound ol the 
vowels used. 

4. Analyze words. 

5. Weekly oral reviews are recommeniled. ' 
Pupils should commence their systematic language work with 

the third grade. 

Construct and analyze simple sentences. 

Distinguish between the object and the name-word. 

Teach the different parts of speech; classes of nouns, adjectives 
and adverbs; possessive modifier and noun in apposition. 

AEITBMETIC. 

l.» Linear measure. 2 

3. Cubic " 4. 

5. Dry " 6. 

7. Avoirdupois weight 8. 

9. Board and lumber measure. 

Mental drill. — Practical problems involving several steps of 
reasoning, including daily drill in rapid combinations. 



Square 


measure 


Liquid 


u 


Troy 


u 


Time 


ii 



OUTLINE OF STUDIES. Ill 

Written. — Problems in and outside of textbook to correspond 
with mental drill. 

Percentage — J., definition; h, Mgn; c, base; d, rate; e, percent- 
age;/, amount; g, difference. 

Teach thoroughly the principles iuvolved in the five cases in 
percentage. 

Applications of percentage, as those in which time is not an 
element, 1 trade discount; 2 profit and loss; 3 commissions; 4 iu- 
suranc( ; .") taxes; 6 duties. 

GEOGRAPHY. 

Teacli the geography of the State. 
The following is suggested : 

1. Size. a. length; b. breadth; c. area; d. number of parishes. 

2. Boundaries. Separating waters. 

3. Climate. 

4. Productions. Agricultural; trees, soil, grains, vegetables, 
fruits, foods; minerals, domestic animals, wild animals, birds, 
races of men, occupations. ^ 

5. Rivers. 
C. Lakes. 

7. Scenery. Explain what is meanc by, a. principal merid- 
ians; 6. townships. How townships are designated by number 
and range. 2. Size. 3. How divided, unite sections. Sections* 
how numbered. 

8. Make careful sketch of the State, both on the blackboard 
and on paper, showing the principal cities, rivers and railroads. 
Make sketches large, neat and accurate. 

A good map of the State should be used in this work. 

Care should be given to develop the idea of relative distance 
and size. Compare the wards with parishes, townships with 
parishes, and the parishes with the State, and the State with 
surrounding States. 

HISTORY. 

United States. — Early discoveries and settlements taught -with- 
out text book. 

WRITING AND DRAWING. 

Analysis of letters. Practice paper and copy-book No. 3 and 4. 
BlanTc-books. — Designs (curve lines) furnished by teacher. 

FIFTH CLASS. 

TIME ALLOWED, NINE MONTHS. 

LANGUAGE. 

Suggestions heretofore made apply to this grade. 
Give exercises in changing poetry to prose. 



112 OUTLmE OF STUDIES. 

Excourage pupils to read selections from standard author?, 
and to learn something of the authors. 

Correct a desire for light and worthless literature. 

Careful attention should be given in reading to the cultivatiou 
of pure and natural tones of voice. 

1. Complete the spelling book. 

2. Combine work of pther grades in reviews. 

3. Demand attention to neatness, legibility and rapidity. 

4. Proper names in history and geography should receive 
attention . 

Review work of third grade. 

Introduce particles and influiteness. 

The next step will be to make the pupils familiar with the dif- 
ferent modes of expanding a sentence by the use of modifiers. 

Teach the different kinds of sentences; the properties of nouns 
and pronouns, including person, number, gender and case; tran- 
sitive and intransitive verbs, voice and tense. 

1. Applications of X)erc9ntage in which time is a factor. 

2. Interest, definition. 

3. Discount, b. present worth; c. bank discount; d. difference 
between'*true and bank discount. 

4. Partial [»aymeuts. Teach United States rule. 

5. Stocks and investments. Defiidtion, a. stocks ; h. par 
value; c. premium; d. discount; e. brokerage; /. dividend. 

6. Exchange, a. foreign; /^.domestic. 

7. Ratio. 

8. Proportion. Simple. Compound. 

9. Partnership. 

10. Involution and evolution. 

11. Government Lands, a. how surveyed; b. meaning of 
range ; c. township ; d, section ; describe the parts of the section. 

12 Longitude and time. 

13. Mensuration . 

14. Metric system. 

15. Business Forms, negotiable notes, non negotiable notes, 
joint note, in solido, receipts. 1, per payment of account; in 
settlement ; order for money ; rhecks, 1. Payable to bearer. 
2. Pilyjible to on^er. 3. Certified checks; a. certificate of deposit; 
b. due bill ; c. draft. 

It should be the aim of the teacher to cultivate in the child 
the ability to reason, and to develop the power to make compu- 
tations quickly and accurately. 

Practic.il problems should be given whenever a new topic is 
presented, and the child should be drilled upon the topic until 
he has mastered it, and can apply the operations to practical 
business problems. 

The work should be thoroughly done. 

Require the pupil to give a lucid explanation of every problem 
solved, every step, the idea expressed in every sentence should 
be understood, and every problem should be intelligently solved. 

Study the earth, size and shape. 



OUTLmE OF STUDIES. 113 

Note the coutinents and oceans, and the islnuds. 

Fix tbeir relations to each other. Bound tlieni. 

Study the shapes and relative sizes of the <lifterent continents. 
Use a globe, if possible. Care should be taken that the pupil 
shall conceive of the globe as a representation of the eaith and 
not as the ultimate object of study. 

The teacher should assign each lesson carefully, in legular 
order, indicating all that the pupil is expected to leain. 

Sketch carefully the continents, showing the princijjal rivers 
and mountain ranges. 

To assist in sketching accurately, learn the latitude and longi- 
tude of ten places on the coast and thiee or four in tbe interior. 

Take as a sample lesson South America, begin with Asjunwall 
on the istiimns and note Gulf of Darien, Cortbag^na, Ma-^dalena 
river, Bogota, Cape Gallinas, Lake Maracaybo, Valencia, Trinidad 
Island, Orinoco Eiver, &c. Let facts of interest connected with 
these places be given. 

The pupils by sketches should show on the blackboard the 
shape of coast and rivers, and the relative location of places. 

By light dotted lines indicate the following parallels : 10 North; 
Equator 10, 20, 30, 40, 50 South, making the lines parallel. In like 
manner indicate meridian 40, 50, 60, 70, 80, West, giving tTie lines 
the proper curve. 

Notice that the space between meridians on parallel sixty is 
just one half that on the Equator. Locate the points of latitude 
and longitude learned, and draw the intervening outlines. 

Next trace and sket(!h North America in similar manner. 

Trace the British Isles and the western and southern coasts of 
Europe, and briefly the remaining continents. 

MATHEMATICAL GEOGKAPHY. 

Define carefully, point, line, surface, plane, sphere, circle, cir- 
cumference, diameter, meridian, parallel, axis, poles, equator, 
tropics and polar circles. Define the first eight. 

These and the following, tropics will need to be thoroughly 
reviewed, and many exercises will need to be introduced to see 
that all of the class have formed true conceptions. It is not 
enough to recite the exact words. 

Circles are planes, not lines. Circles go through the earth, not 
around it. Equator and tropical circles are realities Latitude 
is measured on the circumference of meridians, which ate all of 
the same size. Longitude is measured on the circumference of 
the equator and parallels: the circumference of parallel sixty 
contains just one half as many miles as that of the equator. 

Use globe. 

Give carrfully five or six reasons for considering the earth a 
sphere. Show by calculations that the mountains make the 
surface less rough. 

Give four reasons for believing the earth a spheroid instead of 
a perfect sphere. 



114 OUTLINE OF STUDIES. 

Show the position of the earth's axis in respect to the plane 
of the orbit. Let it be seen what would be the effect on «iay and 
nigfht, and the reasons, if the nxis were perpeiidi(;nlar to the 
])laiie. Show how ihe axis is declined from the perpendicular. 
Show how its inclination determines the tropics, polar circles 
and zones. 

Explain the peculiarities of day and night; why the days and 
nights are always equal at the equator; why they are everywhere 
eqnal at the time of the equinoxes. 

Explain The phenonsena of the seasons. Show why the heat of 
summer and the cold of winter are the greatest after the tropic 
is passed. 

In explaining some of these phenomena, drawings or ap- 
IDaratus may be used with profit; but no one ever thoroughly 
understands the subject till he can see the relations of things by 
a i>nre act of the mind, power of conception. 

This subject is left till the fifth grade, because it is not a sub- 
ject which the minds of the children are prepared to understand. 

HISTOEY. 

I. Purposes of the study. 

1. To create in pupils a taste for historical reading and study. 

2. Tt) inform pu[)ils as to books to be read, and to methods of 
reading and study. 

3. The acquisition of knowledge; a. which shall serve as a 
basis for future reading and study; b. which shall enable the 
pupil to understand historical references in general reading. 

II. General plan of teaching. 
1. Select some topic for study. 

2 Reproduction by the pupils, both orally and in writing, of 
the substance of what has been read. 
3. Always use maps to fix locations. 

III. Columbus — sketch of lite, theories, voyages. Special 
emphasis should be placed on the fact that the voyage was one 
of discovery, and notice should be taken of the inventions which 
made such voyage possible. 

1. Other discoveries: a. the Cabots, the claim of England; 
1). Vespecci, his character vindicated. 

IV. Explorations. 

a. Spanish results : 1, Ponce de Leon ; 2, Babao ; 3, De Soto, 
1). French results : 1, Verrazaui ; 2, Cartier ; 3, Champlain ; 4; 
Jesuits; 5, Marquette and Joliet; 6, La Salle. 

c. English results: 1, Drake; 2, iialeigh ; 3, London Gom. 
paiiy; 4, i^lymoth Company. 

d. Dutch Results: Hudson. 

V. Settlements and coloj'ies. 

a. Virginm : name, John Smith's charter. 
&. Massachusetts: 1, Plymoth (Jompaiiy, settlement, religion; 
2, l^>ay colony, religious troubles, Roger Williams, Quakers, 
c. New Hampshire, early name. 



OUTLINE OF STUDIES. 115 

d. Ooimecticut charter. 

e. Eho le Island, religious freedom. 

/. New York: Dutch Governors, English Governors. 

g. ]Srew Jerse3^ 

h. Pennsylvania: William Penn, effect of treaty upon Indians. 

*. Delaware : Dutch, Swedes, prohibition of slavery. 

j. Maryland: name, Catholics and Protestants. 

h. Carolina, Huguenots. 

I. Division of Carolina. 

m. Georgia: Oglethorpe, characters of settlers. 

0. Louisiana, before the purchase from France, French and 
Spanish governments in Lodsiana. The difficulties the colonists 
had to contend against. 

VI. The colonists considered with regard to causes of set- 
tlement. 

a. Oppression. 

YII. The colonists considered with regard to form of gov- 
ernment. 

a. Charter; & Proprietary; c. Provincial. 

VII. Life and manners in the colonies, dwellings, dress, laws 
txwn-meeting, education, employment 

IX. Growth of ideas of Independence. 

a. Feelings of the colonists under oppression. 
1). Increase of x^rivileges. 

d. JSIew England confederation. 

e. Convention of 1751, Franklin's plan. 

X. Eevolutiou. 

Keasons for navigation act, taxation, stamp act, etc. 
XL Articles of confederation, purpose, nature, objects. 
h Constitutional convention, plans proposed, compromises 
made, formation of political ijarties. 

XIL Discussion of leading principles of the Constitution. 

XIII. Causes of war of 1812. Short sketches of political par- 
ties from the formation of the Constitution. " Eight of Search." 
War between England and France. Orders in Council. Milan 
decree. Embargo Act, etc. 

XIV. United States History completed. 

XV. Growth and development. Agriculture, commerce, man- 
ufacturers; literature, education, etc. 

a. — Inventions : Franklin. Whitney, Fulton, Morse, McCormick, 
George Howe, Edison, Bell. 

XVI. Eeview of wars. 

Indian: Virginia, King Phillips, Pequod, Pontiac, Miamis, 
Creek, Black Hawk, Florida, West and Northwest. 

Foreign: King William, Queen Anne, King George, French 
and Indian, the Eevolutiou, Tripolitau, 1812, Algiers, Mexican. 

Civil: Bacon's Eebellion, Clayborne's Eebellion, Whiskey In- 
surrection, Dow's Eebellion, Mormon. 

United States. Completed. 



1X6 



OUTLIKE OF STUDIES. 



DRAWING AND WRITINGr. 



Copy-book No. 4 and 5. Analysis and free-liaud exercises con- 
tinued. Designs (straight and curve lines) furnislied by teaclier. 
Original designs by pupils. 



CONCLUDII^G KEMAEKS- 

Tliis outline of studies is submitted to the consideration of 
teachers and i)atrons. 

The educational reformers affirm that the science of education 
is in advance of the art of teaching. 

This conclusion is unavoidable after having read Herbert 
Spencer and other modern authors, who have given the subject 
careful attention. 

Should this synopsis give rise to inquiry and discussion, the 
outline will not have been uselessly presented. 

J. A. B. 




LIBRARY OF CONGRESS 



020 312 073 4 



i-w-t, 



